A Guide to

Child Performance
Licensing
In England
By Sandra Rothwell
Chair of National Network for Children in Employment and Entertainment and
Senior Child Employment and Entertainment Officer,
Lancashire County Council

MAY 2016.
Index to document
Aim of this Guidance 4
Who it is aimed at 4
Introduction 4
The Licensing System 5
Overview of Child Performance Legislation 5

Section 1 The Children & Young Persons Act 1963 7

Section 37 subsection (1) 7
Section 37 subsection (2) 7
Section 37 subsection (3)(a) The "four day rule" 8
When a licence is required 9
Performances given under arrangements made by a school 10
Section 37 subsection (3)(b) Body of Persons Approval (BOPA) 12
Section 37 subsection (4) 12

Section 2 The Children (Performances and Activities) (England) Regulations 2014 13

Regulation 1 Citation, commencement and application 13
Regulation 2 Interpretation 13
Regulation 3 Revocations 13
Regulation 4 Application for licence 13
Regulation 5 Licence conditions 16
Regulation 6 18
Regulation 7 20
Regulation 8 Form of licence 22
Regulation 9 Particulars that a licensing authority must provide in respect of a licence 22
Regulation 11 Records to be kept by the licence holder under section 39(5) of 1963 Act 23
Regulation 12 Production of a licence 24
Regulation 13 Education 25
Regulation 14 Earnings 32
Regulation 15 Chaperones 32
Regulation 16 Accommodation 33
Regulation 17 Place of performance and place of rehearsal 34
Regulation 18 Travel arrangements 35
Regulation 19 Application of this part 35
Regulation 20 Employment 36
Regulation 21 Earliest and latest times at place of performance or rehearsal 36
Regulation 22 Attendance at place of performance or rehearsal and hours of performance 36
Regulation 23 Breaks on any day on which a child is performing or rehearsing 37
Regulation 24 Minimum breaks overnight 39
Regulation 25 Application of this Part 40
Regulation 26 Maximum number of consecutive days on which a child may take part in
performances or rehearsals 41
Regulation 27 Break in performances 42
Regulation 28 Night-work 42
Regulation 29 Chaperone discretion 44
Regulation 30 Form of licence (to perform and participate in activities abroad) 45
Regulation 31 Information to be provided to consular officer 45

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Section 3 The Children and Young Persons Act 1933 46
Section 23 Prohibition against children taking part in performances 46
endangering life or limb
Section 24 Restrictions on training for performances of a dangerous nature 47
Section 25 Restrictions on children going abroad for the purposes
of performing for profit 48
Section 28 Powers of Entry 48

Section 4 Body of Persons Approval (BOPA) 50

Section 5 Chaperones 55

Section 6 Inspections and Enforcement 62

Section 7 Absence from school 68

Section 8 Music Hubs 71

Acknowledgements 72

Disclaimer 72

Appendix 1 NNCEE Table – Restrictions relating to all performances

Appendix 2 Sample Notification of Non Licensed Performance
Appendix 3 Sample Exemption letter
Appendix 4 Standard Performance Application Form
Appendix 5 Guidance in competing the Performance Application Form
Appendix 6 Sample Child Protection Policy
Appendix 7 Sample Daily Record Sheet
Appendix 8 Tutor suitability check
Appendix 9 Sample Venue Inspection checklist
Appendix 10 BOPA application and contract
Appendix 11 BOPA notification of performance
Appendix 12 BOPA approval to perform
Appendix 13 Chaperone application form
Appendix 14 Chaperone approval
Appendix 15 Dos and Don'ts for chaperones
Appendix 16 Arrival at venue checklist
Appendix 17 Broadcast inspection checklist
Appendix 18 Non broadcast inspection checklist
Appendix 19 Sample school letter re absence for a performance

3
Aim of this guidance
The aim of this guidance document is to address the inconsistency of practice within child
performance licensing by providing an interpretation of the child performance legislation
and regulations and providing information and examples of best practice.
Through aiding practitioners' understanding of the issues and promoting the adoption of
effective working practices as detailed in this guidance a more consistent approach will be
achieved leading to equal opportunities for children across the entertainment sector.

Who it is aimed at
This guide is aimed primarily at local authority licensing officers.
However the information, procedures and examples given within the guide is appropriate
for the following:

 All those who work with child performers (whether in a professional or amateur
production setting) or with children paid to take part in sport or modelling, or plan to
work with such children
 Chaperones
 Schools
 Sports, music, dance and drama groups

Introduction
The Children (Performances and Activities) (England) Regulations 2014 came into effect on
6th February 2015. These regulations replaced the Children Performances Regulations 1968
as amended which were repealed in their entirety together with all guidance that related to
them.
http://www.legislation.gov.uk/id/uksi/2014/3309
To support the 2014 regulations the Department for Education issued guidance: Child
performance and activities licensing legislation in England – Departmental advice for local
authorities and individuals working with children in all types of professional or amateur
performances, paid sport and paid modelling.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/401345/C
hild_performance_and_activities_licensing_legislation_in_England_-
_departmental_advice_-_final.pdf
The Department for Education issued a report from the 2014 consultation on child
performance hours and breaks. The report gives useful background information which
informed the changes to the regulations.
http://www.gov.uk/government/consultations/child-performance-regulations-
performance-hours-and-breaks

4
Since the introduction of new regulations a number of issues have been identified not least
the varying interpretations by licensing officers and the industry and varying working
practices. Following discussion with the Department for Education it was agreed that a
comprehensive document giving further advice on the legislation and information on
effective best practice should be produced from within the sector. A publication written by
practitioners on "the front line" has the credibility to ensure the adoption of a consistent
approach and working practices. The National Network for Children in Employment and
Entertainment was identified as being best placed to deliver this publication.
Although the Welsh and Scottish regulations do not exactly mirror those of England, the
principles and examples of best practice within this guide will, in the main, apply across
Great Britain.

The Licensing System

The licensing system is designed to provide a check that those responsible for using children
in performances (professional and amateur), in paid sport and modelling make suitable
arrangements to safeguard them.
The important word here is "safeguard" and should be the main focus when both applying
for and processing performance licence applications. It should remain the focus throughout
the time the child is performing.
This means the licensing of child performers cannot be viewed solely as an administrative
process. The role of the licensing officer is primarily one of safeguarding and enforcement.
It should always be remembered that "a piece of paper" will not protect a child.

Overview of Child Performance Legislation

Primary Legislation
The Children and Young Persons Act 1933
The Children and Young Persons Act 1963
http://www.legislation.gov.uk/ukpga/Geo5/23-24/12
http://www.legislation.gov.uk/ukpga/1963/37
This is the primary legislation that covers child performance and this underpins the licensing
system. It is this legislation which determines whether a licence is required and gives local
authorities the power of enforcement.
Secondary legislation
The Children (Performances and Activities) (England) Regulations 2014
Once it has been determined that a licence or in certain circumstances an exemption from
licensing is required the regulations state the framework under which a licence or
exemption can be issued.
(link to Index)

5
Guidance
Department for Education: Child performance and activities licensing legislation in
England
NNCEE: A Guide to Child Performance Licensing in England
Gives guidance to be followed on the meaning and interpretation of the primary and
secondary legislation. However neither of these documents are classed as statutory
guidance.

NNCEE: A Guide to Child Performance Licensing in England will address the primary
legislation and the regulations giving an explanation of each together with appropriate
examples of working practice. It would be logical to address them in the order they are
listed above, however it is NNCEE opinion that it would be more useful to structure the
guidance towards those areas of legislation which are most frequently used. Therefore we
will cover in the following order:
The Children and Young Persons Act 1963 s37
The Children (Performances and Activities) (England) Regulations 2014
The Children and Young Persons Act 1933 s23 – 28

(link to Index)

6
SECTION 1
The Children and Young Persons Act 1963
Section 37 Restriction on persons under 16 taking part in public performances. This
includes children who have attained age 16 during the academic year i.e. are still of
compulsory school age.
(1) This subsection means that children of compulsory school age and below cannot
take part in a performance , paid sport or work as a model when they are being
paid (other than out of pocket expenses) without a performance licence. The
licence is to be issued by the local authority where the child resides. If the child
does not reside in Great Britain then the licence should be issued by the local
authority where the licence applicant resides or has his place of business.

Best Practice
Legislation does not state who should issue the licence if the applicant does not reside
or have a place of business in Great Britain. Best practice and effective working practice
should be that the licence is issued by the local authority where the performance or first
performance if part of a tour takes place.

Example
A touring choir visited England with 35 children who were performing at 24 venues
across the country. The local authority where the first performance took place issued
licences (in cases of this type a "group" licence would be appropriate) for all the
children for all performances. Copies of the licences were sent to each local authority
to enable them to carry out a performance inspection.
Although this may be considered a heavy workload for one authority it prevents 24
authorities being involved and the inevitable inconsistency of practice that will happen.

(2) This subsection states the types of performances which require a licence. This includes:
(a) any performance in connection with which a charge is made (whether for
admission or otherwise);
(b) any performance in licenced premises within the meaning of the Licensing
Act [1964] or the Licensing (Scotland) Act 1959 or in premises in respect of
which a club is registered under said Act of 1959 or the Licensing Act
[1964];
(c) any broadcasting performance;
(d) any performance not falling within paragraph (c) above but included in a
programme service (within the meaning of the Broadcasting Act 1990);
(e) any performance recorded (by whatever means) with a view to its use in a
broadcast or such service or in a film intended for public exhibition;

(link to Index)

7
Department for Education advice 1.1.1 states the following types of performances would be
included in the above:
(c) Any broadcast performance to include internet streaming
(e) Any performance recorded (by whatever means) with a view to its use in a broadcast
or such service or in a film intended for public exhibition. For example a live stage
performance recorded for a cinema screening, a feature film, a video or sound
recording of a performance on a website. (Note that this does not extend to user
generated content, e.g. where young people or a family record themselves and share
it on a website or social media);
and also
When children take part in sport or modelling for which payment is made (to the
child or to someone else in respect of the child taking part) other than expenses.

(3) This subsection states when a licence is not required even if the performance falls into
those stated at subsection 2 above. An exemption from licensing can only be granted if
the child is not being paid to take part and no other person is being paid for the child to
take part other than out of pocket expenses.

The "four day rule"

Under section 37(3)(a) of the 1963 Act, if a child has not performed on more than 3 days in
the last 6 months, they will not need a licence for performance on a fourth day. Once a
child has performed on 4 days in a 6 month period (in any performance, regardless of
whether a licence was in place on any of those days or the child was taking part in a
performance arranged under a body of persons approval) then a licence is required for any
further performances.
If a child is to be absent from school this exemption cannot be relied on: a licence will be
required. See Section 7 Absence from school
It should also be noted that where the four day rule exemption is relied upon the
restrictions applicable to all performances will apply. NNCEE table.
It is a legal requirement to apply for a licence when one is required and any person who
causes or procures any child to do anything in contravention of the licensing requirement
commits an offence and may be subject to a fine, imprisonment or both. If a producer is
relying on the four day rule as a basis for not applying for a licence, they should have
reasonable grounds for believing the child has not performed on more than 3 days in the
previous 6 months.

Best Practice
It is best practice for the responsible person relying on the four day rule to make
enquiries with the child's parent and to obtain written confirmation from the parent
that their child has not performed on more than 3 days in the last 6 months.
(link to Index)

8
Best Practice
It is best practice that the responsible person advises the local authority where the child
resides that they wish to make use of the four day exemption by completing a
notification form. The local authority can then issue a form of exemption which can be
held at the place of performance and produced in the event of an inspection being
made by the host authority.

When a licence is required

The following table (Examples of Best Practice – Child Performance and Activities Licensing
by Local Authorities in England) gives examples of when a licence may be required and
when it may not. It is for illustrative purposes only and should not be considered an
authoritative or complete list.

A licence may be required for A licence may not be required for

Performances that meet the criteria in
section 37(2) of the 1963 Act. These can
include: acting; singing; dancing; playing in
an orchestra; stand-up comedy; magic act;
and any production where the activity is
contrived or constructed for dramatic
effect.
So-called "reality" television where the
activity in which the child participates is
manipulated/controlled or directed for the
purpose of the entertainment.
Presenting or compering (where this has an
element of contrived performance).
Entertaining or performing where the
performance meets any of the criteria
under section 37(2) of the Act e.g. for a
paying audience, on licensed premises, a
recording for broadcast or public
exhibition.
Dancing at a community dance festival or
performance that meets any of the criteria
set out under section 37(2) of the Act.
Observational documentaries where a child
is filmed carrying out normal day to day
activities for example playing in the street,
participating in an ordinary lesson, training
for their sport.
Elements of a programme where the child
is not being directed but is being observed
doing normal activities are treated as
observational documentary provided the
child is filmed being themselves without
direction.
Daily news reporting, news reports
(including investigations in the public
interest, for e.g. testing if shops sell goods
to a child underage).
Being interviewed as a member of the
public;
Self-generated content e.g. a child records
themselves and puts that on the internet;
Castings and auditions that are not
recorded for public exhibition;
Being part of an audience (watching a show
either in a s studio, theatre or stadium).
Dance workshops held on the same day of
the performance at a different venue.
(Practical dance sessions led by a dance
teacher or artist. They may explore an idea
or practice some dance movement; they

9

Photo-shoots and modelling where the
child (or someone else in respect of the
child's taking part) receives payment.
Taking part in a sport where the child (or
someone else in respect of the child's
taking part) receives payment, other than
expenses.
introduce the participants to different
dance styles or techniques; and encourage
interaction between participants from
different schools or groups)
Photo-shoots and modelling where no
payment is made in respect of the child's
participation.
Being a ball boy or girl
(If they were actually playing football or
tennis and payment other than expenses
was made then they could well fall within
the remit of the child performance
legislation. But they are not playing and
therefore we do not think they could be
said to be taking part in a performance or a
paid sport)

Performances given under arrangements made by a school

Department for Education guidance states the following:
Under section 37(3)(b) of the 1963 Act, a licence is not required where the performance in
which the child is taking part is given under the arrangements made by a school. The
deciding factor is whether the school is responsible for organising and producing the
performance. The school in question has to fall within the meaning of a "school" in the
relevant Education Acts i.e. an educational institution that provides primary and/or
secondary education. The table below sets out when a performance would meet the
criteria for this exemption and when it would not.

Who is making the arrangements Is a licence required?

The child's school No
A school within the meaning of the relevant No
Education Acts (but which the child does
not attend) – this can include:
a performing arts school which also
provides a child's main education; and

a school providing a child's main education

working alongside a performing arts school
(education is jointly provided), providing
each is a school

A child who is home educated could qualify

under this exemption if the arrangements
for the performance are made by a school

This exemption would not be affected by a

10
broadcaster filming the event as part of an
observational documentary – as long as the
children are not directed to act in a
particular way
Dance schools, circus schools, Yes (assuming no other exemption applies)
conservatoires and similar organisations
where the child is attending purely for
training in that performance activity (as
opposed to receiving their main education)
A third party. For example, where children Yes (assuming no other exemption applies)
from a school or a number of schools take
part in a performance where arrangements
are made by a third party such as a
broadcasting company or a local authority
or arts group i.e. the third party is
responsible for the production.

Examples

A school is putting on a production of "Grease". Performances will take place over 3

nights in the school hall and tickets will be on sale. All the arrangements have been
made the school and the children have rehearsed and performed under the direction of
school staff. This performance is exempt from licensing under section 37(3)(b).

The same school is putting on a production of "Oliver". However this time in order to
take advantage of highly quality stage equipment and to maximise ticket sales they
have hired the local theatre. Performances will take place over 3 nights and tickets will
be on sale. All the arrangements have been made by the school and the children have
rehearsed and performed under the direction of school staff. It is irrelevant that the
performance is taking place outside of school premises i.e. a theatre, this performance
is exempt from licensing under section 37(3)(b).

A production company or charitable organisation arranges a show at a large well known

theatre. The show comprises of groups of children performing various routines. The
producer has approached various dance schools who will be taking part and has also
approached a number of schools inviting them to select a group of children to perform.
The show is for 1 night only and tickets are on sale. Those schools who decide to take
part cannot be exempted under section 37(3)(b) as this is not a performance arranged
by a school. In this case the children will either require a licence or an exemption if
appropriate.

A number of schools have been invited to perform together at the Festival Hall and they
will be rehearsing and performing under the direction of a 3 rd party. In this case the
school have not made the arrangements for the performance and a licence or
exemption if appropriate will be required.

11
Further guidance can be found in the section Music Hubs.

Body of Persons Approval (BOPA)

Also under Section 37(3)(b) of the 1963 Act a licence is not required where a performance is
given under arrangements made by a "body of persons" approved by the local authority in
whose area the performance takes place or, in a few exceptional circumstances, by the
Secretary of State.
For further information regarding the issuing of body of persons approval see Section 4
Body of Persons Approval.

(4) This subsection states that licences shall be issued in accordance with the conditions
and restrictions stated in regulations made under statutory instrument by the Secretary of
State i.e. The Children (Performances and Activities) (England) Regulations 2014. It also
states that a local authority shall not grant a licence for a child to do anything unless it is
satisfied that the child is fit, that proper provision has been made to secure his health and
kind treatment and his education will not suffer.

Best Practice
Licensing officers should not underestimate the importance of this subsection which
underpins any decisions they will make. Although the language used in places is
somewhat dated this subsection makes clear the safeguarding responsibilities a local
authority has towards children who perform. This safeguarding responsibility is
covered in more detail on Page 16 Regulation 5 Licence conditions.

(link to Index)

12
SECTION 2
The Children (Performances and Activities) (England) Regulations 2014
This section will give guidance on each regulation and where appropriate examples of best
working practice.
PART 1 General
Regulation 1 Citation, commencement and application
This states the regulations came into force on 6th February 2015 and they apply to:
(a) Licences granted for children resident in England to take part in performances or
activities within Great Britain
(b) Licences granted for children not resident in Great Britain to take part in
performances or activities within Great Britain
(c) Performances in England for which no licences is required under section 37(3)(a) of
the 1963 Act
(d) Licences granted by justices of the peace in England under section 25 of the 1933
Act for children to take part in performances or activities abroad for profit

Regulation 2 Interpretation
Self-explanatory.

Regulation 3 Revocations
Self-explanatory.

PART 2 Documentation requirement relating to all licences

Regulation 4 Application for licence
This regulation (4(1)) states that an application for licence must be made in writing by the
person responsible for the production or activity in which the child is taking part. It states
the application should contain the information specified in Parts 1 and 2 of Schedule 2, it
must be signed by the applicant and the parent of the child and be accompanied by the
documentation specified in Part 3 of Schedule 3.

Best Practice
It should be emphasised that applications can be received electronically via email or on
line. There is no requirement that "hard copies" with "wet signatures" are forwarded
to the licensing authority.

13
There is no requirement that a "hard copy" of the licence, when granted, be posted out.
Licences should be issued via secure email to the applicant, parent and host authority if
applicable.
It is the expectation that the Standard Child Performance and Activities Licence Application
Form (England) is used. This form can be found on the NNCEE website www.nncee.org and
is accepted by all local authorities in England. The guidance document on completing the
application form will assist applicants to accurately and fully complete the form.
In its advice the Department for Education has made it absolutely clear that the application
form must be completed and signed by the responsible person.
Departmental advice 1.4.4 states: The person responsible for organising, producing or
running the activity or for the production of the performances in which the child is to take
part should be the person who applies, in writing, for the licence where one is required. For
the purposes of this advice, we shall refer to him/her as the "responsible person". The
responsible person should apply for the licence, is the holder of the licence once it is issued
and is accountable for ensuring its conditions are met.
Departmental advice 1.4.5 states: A third party who is not responsible or accountable for
the arrangements of a performance or activity and cannot take operational decisions during
the course of that performance or activity for the purpose of protecting the child and
ensuring their wellbeing, cannot sign the application or be the holder of the licence.
If a local authority receives an application form which has been signed by a casting agent or
model agency stating they are the responsible person it should be returned. The agent
should be informed that the responsible person must apply for the licence and sign the
application form. A casting agent or model agency cannot sign the application form and
they cannot be the holder the licence. They are not responsible for the production or
activity, will not be present at the performance or activity and therefore cannot take
operational decisions.
There are many organisations who arrange performances or festivals where several groups
are invited to take part. There have been differences of opinion as to who is the applicant in
these circumstances. It is NNCEE view that there can only be one applicant and the
applicant is the organisation that is arranging whole event. It is clear that they will have to
work closely with each of the groups taking part in order to be satisfied that safeguarding
measures are in place to protect the children but they must have overall responsibility. This
responsibility cannot be ignored or passed on to someone else.

Best practice for the responsible person

If the responsible person leaves the organisation, the new responsible person should
notify the relevant local authorities and replace the signature on the licence.

(link to Index)

14
The information and documentation that must be included with an application are set out in
Schedule 2 of the regulations. It may be that some information is not available at the time
of application and applicants should indicate this to the local authority together with the
reasons and an indication of when they will be able to provide the outstanding information.
The standard application form asks for sight of the organisations child protection policy. It is
the expectation of the Department of Education and local authority safeguarding units that
an organisation working with children and young people has a child protection policy in
place.

Best practice for a licensing authority

Request that the organisation forward their child protection policy with the application.
If an organisation does not have a policy a "model" child protection policy template can
be forwarded for the organisation to adapt to their particular circumstances.

This regulation (4(2)) states the licensing authority may refuse to grant a licence if the
application is not received at least 21 days before the day on which the first performance
or activity takes place.
This timescale, which has not changed in over 40 years, is to ensure that the licensing
authority has sufficient time to carry out the required checks to ensure the child's safety and
wellbeing. It is not a default position that should be taken to avoid issuing the licence.
The industry has changed beyond recognition since the first performance regulations were
written and nowadays many broadcast programmes are made quite quickly with production
team members only joining a couple of weeks before shooting begins. Although the casting
of principal parts will take place fairly early on in the process, the casting for smaller parts
may be less than 21 days prior to the date of the first performance. This is particularly true
of commercials where production appear to work to very tight timescales.
However, forward planning should always be encouraged and the responsible person must
consider the risks to children and the arrangements required to mitigate them. Regardless
of business or operational concerns the licensing authority must have sufficient time to
carry out the required checks and the education, health, safety and wellbeing of the child
take precedence. Safeguarding children must not be considered an afterthought.
That having being said, timescales appear to becoming shorter and shorter with pressure on
licensing authorities to produce licences at short notice increasing. Production companies
must realise there can be no guarantee a licence will be issued.

Best practice for the responsible person

Cast children as early in the production process as possible
Remember safeguarding children is high priority not an afterthought
Communication with the licensing authority is key and contact with the authority
should be made early on
Provide all available information to the licensing authority as early as possible; this will
enable you to respond to any requirements or conditions they may wish to impose

15
Submit via email or on line a fully completed application form together with all required
documents as a whole package

Best practice for licensing authorities

Adopt the standard application form
Accept applications submitted by email or on-line
Accept scanned documents and jpeg files for photographs, rather than hard copies
Be receptive to early contact by production and be willing to discuss issues prior to the
application being submitted

Regulation 5 Licence conditions

This regulation states that the licensing authority must impose any conditions it considers
necessary to ensure the child is fit to take part in the performance or activity, that proper
provision has been made to secure his health and kind treatment and that his education
will not suffer.
This is an extremely important regulation and licensing authorities should not be afraid of
using it, indeed they must impose conditions where appropriate in order to fulfil their
safeguarding responsibility to the child and to comply with their duty under section 37(4) of
the1963 Act.

Best Practice
The following should always be taken into consideration by licensing authorities and the
responsible person when they are submitting an application.

Regulation 21 Earliest and latest times at place of performance or rehearsal permits a 15

hour time frame for children under 5 years and a 16 hour time frame for children aged 5
years to school leaving age.
If a child is performing in a stage production traditionally their performance hours are
likely to be in the afternoon and evening. However, broadcast performances are a
different matter and filming may take place at any time within the stated times; it is
therefore essential the licensing authority knows which part of the day the child will be
performing. This will impact on travelling time, the child's education and absence from
school and if the host authority wish to make an inspection. A licence should never be
issued simply stating the child can perform 'within permitted hours'.
Travelling to and from the place of performance must be taken into account by the
responsible person when applying for a licence and they should not make the assumption
this can be additional to the maximum hours a child can be at the place of performance.
The licensing authority must consider the hours a child will be travelling at either end of
the working day when issuing a licence.

(link to Index)

16
Regulation 23 Breaks on any day on which a child is performing or rehearsing states
where a child is present for four or more consecutive hours breaks must include at least
one break of forty five minutes. Department for Education guidance 4.7 makes it clear
that the breaks stated are the minimum required and children may need more or longer
breaks depending on the activity, the child and the individual circumstances. In its report
'Child Performance Regulations: report of the consultation on performance hours and
breaks' on the subject of lunch breaks the department states "The regulations will
provide that the child must have a minimum meal break of 45 minutes but guidance will
clarify that, unless the chaperone considers it appropriate to reduce the break to 45
minutes, the break should always be an hour."
The above statements were further confirmed and supported by the DfE and NNCEE at
roadshows held for the sector in Salford, Birmingham and London when the regulations
became effective in February 2015. It is the expectation that a child has a lunch break of
one hour and licensing officers should ensure that this condition is included on the
licence.

Regulation 24 Minimum breaks overnight states a child must have an overnight break of
a minimum duration of twelve hours. Department for Education guidance 4.8 states
Whilst 12 hours is the minimum required overnight break for all children, it is generally
expected that most children should normally have an overnight break of no less than 14
hours duration. If the licensing officer is expecting the overnight break to be 14 hours this
must be stated as a condition on the licence.

Experience has shown that all too often applications are received with the minimum of
information in respect of the above.
Reponses to questions 6, 7 and 8 (dates, time, running time and duration) on the application
form will more often than not state "within permitted hours". Licensing officers should not
accept this answer and should contact the responsible person for specific times where these
are available. This is unlikely to be an issue for stage performances. If specific times are not
available for filming assignments then at the very least the responsible person should
provide an indication of the time frame when the child will be required e.g. during the day
between 8am and 6pm, mid-afternoon to early evening between 3pm and 8pm. As stated
above a licence should never be issued simply stating that the child can perform within
permitted times.
Question 18 (travelling) on the application form will very often state 45 minutes to an hour
regardless of where the child is travelling to in the country! Licensing officers should check
the travelling time required from the child's home to the place of performance and take this
into account when calculating the length of the child's working day. This may result in
negotiating a later call time or the provision of overnight accommodation. The result of
these negotiations should be included on the licence.
Discussion with the responsible person may result in the licensing authority imposing
conditions in respect of:

17
Any accommodation the child may live in whilst taking part in a performance
The place where the performance, rehearsal or activity is taking place
Any requirements a child may need in respect of a physical disability or medical condition
The licensing authority may have concerns about what the child is being asked to do and the
overall content of the production, however it is important to remember that the licensing
authority does not have editorial control. For further information see Regulation 7

Best Practice
When there are a number of children from different authorities involved in a
production it is best practice for licensing authorities to work together to agree a
consistent approach and ensure that the children are working under the same licence
conditions wherever possible. Licensing authorities should confirm with production
that Question 19 on the application form (name of any other local authority they have
applied to) is fully completed.

Regulation 6
This regulation states the condition a licensing authority must impose when an applicant
is unable to specify the dates on which the child will take part in the activity, performance
or rehearsal at the time of application.
This is referring to what is commonly known as an "open licence" and unfortunately, due to
lack of understanding and in some cases entrenched working practices, it is still being issued
inappropriately and unlawfully.
Departmental advice 1.7.2 states: Where the applicant is unable to specify the dates of the
performance or activity then, if the licensing authority decides to grant a licence, it must
impose a condition that the child can only take part in that performance or activity for a
specified number of days within a 6 month period. In practice this is often referred to as an
"open licence". A licence can only be issued to the responsible person for a specific
performance or activity. There is no such thing as an "open licence" with regard to, for
example, different modelling jobs. Best practice can, however, be adopted by licensing
authorities to streamline and speed up the application process, to enable children to take
up opportunities that may arise at short notice.
To make it absolutely clear an "open licence" must contain the following:
The name of the applicant, the specific activity and the location together with the
specified number of days within a 6 month period. A licence issued without all this
information is unlawful.

(link to Index)

18
Examples
The following are examples of when an "open licence" may be appropriate:

As a supporting or background artist in a TV drama or soap: the licence is issued to the

producer (responsible person) for the child to appear in the drama/soap, at a specified
location, on a specified maximum number of days within a specified period of time; for
a drama this is usually the period of filming, for a soap it is usually 6 months, in either
case it cannot be for any longer than 6 months.

As a main cast role in a TV drama or soap: same as above.

As a supporting artist in a film: same as above.

As a main cast role in a film: same as above.

As a photographic model: an "open licence" may be issued if a child is doing a series of

shoots for a single applicant at the same location e.g. a major retailer.

The licensing authority must also impose a condition on the above types of licence that the
responsible person gives advance written notice to the licensing authority and the host
authority (if different) of the dates and times when a child performs or takes part in the
activity. The licensing authority can determine the period of notice they require e.g. 3 days.
Example
The following is an example of how an "open licence" must not be issued.

"ABC council on an application relating to A Child DOB **/**/**** hereby grant to ABC
Agency a licence authorising the child to take part in acting, filming, photographic
modelling and voice overs"

NB. In some cases it may only state one of the above types of performance or activity.

As previously stated, a licence cannot be issued to an agent (they are not the responsible
person) and a licence can only be issued for a specific performance or activity. A "licence"
issued under these terms regardless of whether the agent notifies the licensing authority of
when the child is performing, is not legal; it places the child in a vulnerable position in terms
of insurance cover and places the licensing authority in a vulnerable position and subject to
challenge.
Feedback from the sector would indicate that when "advertising" for children, production
are stipulating to agents they only require "children with open licences". It is hoped this
guidance will have the desired effect on licensing authorities to prevent the continued issue
of these unlawful "licences", however organisations giving advice on child licensing should

19
inform their members they are placing children and themselves in a vulnerable position
should they engage a child with this type of "licence".
Where NNCEE becomes aware of this illegal practice we believe we have a moral duty to
inform senior management at the local authority concerned.

Regulation 7
This regulation allows the licensing authority to decide if they have sufficient information
to issue a licence or issue a licence subject to conditions. If they decide there is
insufficient information then they must request additional information or documentation
to enable them to make a decision.
Requests for additional information should be a two way discussion between the licensing
authority and production. In order to make an informed decision the licensing authority
needs to know what the child will be doing and the demands placed on it and this should
not be viewed as obstructive or bureaucratic. The licensing authority should not request
additional information as a matter of course or view this as a "tick box exercise" but as a
distinct need for the individual child.
The regulation states that the licensing authority may request that a child be medically
examined. There should be a sound reason for requesting this. There may be information
in the medical declaration that requires further investigation and a discussion is needed
with the parent. The role the child is performing might be physically demanding and again a
discussion with production and the parent will be needed. It may well be that production
have arranged for an examination as part of the casting process which will satisfy the
concerns of the licensing authority. Under no circumstances should the licensing authority
approach the child's GP direct.
Some examples when additional information may be requested are:
There may be insufficient information on the application form regarding what the child is
being asked to do.

Example
A licensing authority received an application for a child to "play the son of a family" in a
TV commercial for a holiday park. No further information was included. A decision
could not be taken based on this information. When the licensing authority enquired
about what the child would be expected to do they were informed that he would be
swimming, riding on a speed boat, kayaking and taking part in archery classes. They
needed to understand what actions would be taken to ensure the safety and wellbeing
of the child in these activities.

The description of what the child is being expected to do may raise concerns in respect of
their physical or emotional wellbeing and further information regarding how this is to be
managed is required.

20
Best Practice
In the play, the children are murdered. One child appears to be stabbed and the other
appears to be decapitated. In this case the scene was done in strobe lighting in a
sequence lasting a few seconds – it looked quite gory. The sequence was rehearsed in
full light and the inspecting local authorities were invited into the theatre to watch the
performance. The scene was explained to the parents at the outset.

Additional information might be required in respect of the location, its' suitability, shelter,
facilities.
Further information might be required in respect of education provision.
The licensing authority may have concerns about what the child is being asked to do and the
overall content of the production, however it is important to remember that the licensing
authority does not have editorial control.

Best Practice
In assessing an application the licensing officer is entitled to ask for any information
they think is necessary to make an informed decision about issuing a licence, however it
should not be a requirement to see the script to make that decision. The script may not
reflect what the child is doing due to the various tools and techniques available to
production to achieve the desired effect; in some cases the child is not even present.
Licensing officers should discuss their concerns with production and find out how areas
of concern will be managed and obtain assurance that language, costumes and actions
are suitable and appropriate when the child is present. The measures agreed at the
discussion can be included as a condition on the licence.

Best Practice
Best practice for film and television producers is to consider and use techniques to
protect children on set. The final edit of a programme may not show what actually
happens. So, for example, when a child is shown watching a fight, it is normal for the
shot of the child to be filmed separately from the fight. The whole scene, when the two
are edited together, will give the impression that the child was there. It is best practice
to outline such techniques to the local authority when making an application. It could
speed up the issuing process.

Licensing authorities should be mindful that television and radio broadcasters are subject to
an independent statutory regulator, Ofcom and are required to comply with rules set out in
the Ofcom Broadcasting Code. This includes rules to protect children who participate in
programmes and apply irrespective of whether a licence is required for their participation.
The Code and supporting guidance is extensive; information about the code can be found at
http://stakeholders.ofcom.org.uk/binaries/broadcast/code-july-
15/Ofcom_Broadcast_Code_July_2015.pdf and the guidance can be found at
http://stakeholders.ofcom.org.uk/broadcasting/guidance/programme-guidance/bguidance/.

21
The section of the Code relating to the involvement of people under eighteen in
programmes is reproduced below:
The involvement of people under eighteen in programmes

1.28 Due care must be taken over the physical and emotional welfare and the dignity of
people under eighteen who take part or are otherwise involved in programmes. This is
irrespective of any consent given by the participant or by a parent, guardian or other person
over the age of eighteen in loco parentis.

1.29 People under eighteen must not be caused unnecessary distress or anxiety by their
involvement in programmes or by the broadcast of those programmes.

1.30 Prizes aimed at children must be appropriate to the age range of both the target
audience and the participants.

Regulation 8 Form of licence

This regulation states what must be included on a licence and is mainly self-explanatory.
Although 8(1)(b) states the name of the parents of the child in many cases only the name of
one parent is known. Best practice is to insert the name of the parent who has signed the
application form if both names are not available.
If dates are not known then the number of days the child will perform, rehearse or
participate in an activity together with a period not exceeding 6 months should be inserted
as per Regulation 6.
Suggested wording for the statement required at 8(1)(g) is as follows:
a licence authorising the child –
to take part in a performance/activity on the dates specified below/number of days and
during the period specified below subject to the restrictions and conditions laid down in the
Children (Performances and Activities) (England) Regulations 2014 and to such other
conditions as the local authority or the licensing authority may impose under the said
Regulations.

Regulation 9 Particulars that a licensing authority must provide in respect of a licence

This regulation states that the licensing authority must send a copy of the licence to the
parent who signed the application form.
It is best practice for this to be sent by secure email.

Best practice
When sending a copy of the licence to a parent they should be advised to read the
licence carefully and note the stipulations and conditions stated. Parents very often
have little knowledge of the performance regulations but are named as chaperone on

22
the licence. It is best practice to send a parent chaperone information regarding the
role and responsibilities. The restrictions applicable to all performances in terms of
permitted hours and breaks together with the requirement to complete a daily record
sheet should be included.

Regulation 10
This regulation states that if the performance is taking place in a different authority, the
licensing authority must send a copy of the application form, the licence, any additional
information or documentation obtained and details of arrangements for the child's
education to the host authority.
The reason for this is so the host authority is aware of the performance and can make an
unannounced inspection to ensure safeguarding and licence conditions are being complied
with.
If the licensing authority fails to comply with this regulation it may be vulnerable to
challenge should the child suffer in anyway due to the host authority being left unaware of
the performance and therefore unable to make an inspection.
A copy of the licence should be forwarded by secure email to the host authority. Although
the regulation states the application form and other additional information should also be
forwarded, in most cases there is little benefit in doing this and a paragraph could be
included within the body of the email asking the host authority to request this information if
required. It is worth pointing out that much of the information contained on the application
form will be included on the licence.
Ideally the local authority should give the inspecting authority sufficient notice to plan in an
inspection, however in practice that is rarely the case due to the industry operating to very
short timescales. Very often only 24 to 48 hours' notice is given.

Best Practice
Best practice is for the local authority issuing the licence to advise the inspecting
authority as soon as they receive the application, that a performance is going to take
place in their area and confirm that a copy of the licence will be forwarded when issued.
This will give the inspecting authority as much notice as possible to plan in a potential
inspection.

Regulation 11 Records to be kept by the licence holder under section 39(5) of the 1963 Act
This regulation means that the responsible person must keep the records that are
specified on Part 1 of Schedule 3 in respect of a performance and Part 2 of Schedule 3 in
respect of an activity.
These records are commonly referred to as either daily record sheets or Schedule 3 records.
The licensing authority has the power to demand sight of these records during the
performance and at any time up to 6 months following the date of the last performance.

23
The records should be kept in "real" time and not completed at the end of the day.
Inspection of these records is an extremely useful way of checking the child's working
schedule. It enables the licensing authority to ensure that production is adhering to the
regulations and licence conditions in terms of hours worked and breaks and that the child is
receiving the correct amount of tuition. Inspection of the records at the start of the
production can identify any issues early on and allow for them to be resolved. This can be
particularly true in respect of tuition which may not have been given the required priority.

Best Practice
Licensing authorities should ensure that they request daily record sheet and build this
into their work processes.

Inspection of the daily record sheets should also form part of an unannounced inspection.
See Section 6 on Inspections
The information to be recorded and held for a child taking part in an activity is less than for
a performance as can be seen from the Schedule. However departmental guidance 4.1
states: Regulation 20 to 24 set out a number of limitations and requirements in respect of
all performances for which a licence is required or for which no licence is required by virtue
of the exemption in section 37(3)(a) of the 1963 Act. These restrictions only apply to
performances, they do not apply to activities. The licensing authority may consider it
appropriate, with reference to regulation 5, to place these limitations and requirements as a
condition on licences for paid modelling or paid sport.
If that decision is taken then it is reasonable to expect the responsible person to record the
same information as for a performance.
Should the licence holder fail to keep the required records or fail to provide them on
request, they are committing an offence under section 40(2) of the 1963 Act which on
conviction carries a fine or imprisonment or both.
Regulation 12 Production of licence
This regulation states that the licence holder must produce the licence at the place of
performance or rehearsal or at the place where the activity is taking place to an
authorised officer of the host authority or to the police.
It is essential that the responsible person (licence holder) realises the importance of holding
the licence at the place of performance and that it is available should there be an
unannounced inspection by the local authority.

Best practice for a licensing authority

When sending the licence to the responsible person reference should be made to this
regulation in the body of the email. E.g.
I would remind you that Reg. 12 of the Children (Performances and Activities) (England)
Regulations 2014 states that the holder of the licence must produce the licence when requested
at the place of performance. It is therefore imperative that you open the attachment, read the
licence carefully, comply with any conditions imposed on the licence and retain a copy.

24
The licence may be available as a hard copy or electronically, it must be available where the
performance is happening, it is not acceptable that it is held at "head office" or at a unit
base that may be miles away.
When preparing to make an unannounced inspection the licensing officer should have
received copies of licences issued by other authorities (Reg.10). However this is not always
the case and unfortunately a licensing officer can turn up to an inspection expecting say 10
children to be present only to find there are 15 or more. If the inspection is taking place
during the evening or at weekends it will not be possible to check with the relevant
authority that a licence has been issued and the inspecting officer is reliant on all licences
being available at the place of performance. If the licensing officer is unable to verify that
the necessary licence or exemption is in place they cannot allow the child to perform. The
potential for this scenario occurring and the following ramification in terms of a distressed
child, adverse publicity etc. serves to reinforce the importance of complying with this
regulation and also Regulation 10.

PART 3
General requirements applicable to all licensed performances or activities
Regulation 13 Education
This regulation states that a licence must not be granted unless
(1) the licensing authority is satisfied the child's education will not suffer by taking part in
the performance or activities, it has approved the educational arrangements for the
period of the licence and has approved the (school room) where the education will be
delivered.
(2) Subsection 2 states the responsible person (licence holder) must ensure the education
arrangements are carried out.
(3) Subsection 3 states the conditions that must be met in respect of the course of study,
the teacher, the number of children to be taught and the minimum amount of aggregated
hours.
(4) Subsection 4 states how subsection 3(e) can be met in terms of hours of study.
(5) Subsection 5 states what periods of education cannot be included to satisfy 3(e).
The advice given by the Department for Education in its guidance in respect of this
regulation is detailed and clear and is stated below.

(link to Index)

25
Departmental advice 3.1 Regulation 13 – Education
3.1.1 Under section 37(4) of the 1963 Act and regulation 13, the local authority to whom the
application is submitted must not grant a licence unless it is satisfied that the child's
education will not suffer as a result of taking part in a performance or activities for which
the licence is requested.
3.1.2 Where arrangements are made for the education of the child during the term of the
licence (i.e. because the child will be absent from school), these arrangements must be
approved by the local authority. The local authority must be satisfied that the course of
study and private teacher are suitable for the child in question, and that the numbers of
children to be taught by the private teacher at the same time do not exceed the limits set
out regulation 13(3)(d).
3.1.3 The responsible person must ensure that where such arrangements are approved by
the licensing authority, these arrangements are carried out.
3.1.4 Where arrangements are made for the education of the child, the child must receive
education that, when taken together over the term of the licence, amounts to a minimum of
3 hours per day that the child would be required to attend a school maintained by the local
authority issuing the licence. (This is regardless of what type of school that particular child
normally attends)
3.1.5 Regulation 13(4) provides that this requirement will be met if the child receives
education:

 For not less than 6 hours a week; and

 During each complete period of 4 weeks (or if there is a period of less than 4 weeks,
then during that period) for periods of time not less than the aggregate periods
required by regulation 13(3)(e) (i.e. not less than 3 hours on each day); and
 On days on which the child would be required to attend school if he/she were
attending a school maintained by the local authority (i.e. usual school days); and
 For not more than 5 hours on any such day
3.1.7 Regulation 13(3) applies to the provision of education by a private tutor. However, the
last limb does not specifically state that the periods of education have to be provided by the
private tutor so licensing authorities may be content to approve arrangements that include
some of the education being provided at a school.
Example

Below is an example of a child who attends a maintained school for five days a week.
Over a four week period the child would be required to undertake sixty hours of
schooling (3 hours x 5 days x 4 weeks).

Although there is no legislative requirement for a pupil in school to be provided with 5

or more hours education per day, the assumption when calculating any education
provided by school is that a school day equals 5 hours.

26
  Week 1 – 6 hours (no more than 5 hours in any 1 day)and 1 day in school = 11
hours
 Week 2 – 10 hours (no more than 5 hours in any 1 day) and 1 day in school = 15
hours
 Week 3 – 15 hours (3 hours on 5 days) = 15 hours
 Week 4 – 19 hours (4 hours on 4 days and 3 hours on 1 day) = 19 hours
 Total for the 4 weeks therefore equals the required 60 hours

Interpretation of this regulation and the procedure for arranging education for a child who
is performing raises numerous questions and issues from all parts of the sector, as does the
actual delivery of education once agreed.
The following section deals with the questions and issues which regularly occur and includes
appropriate examples.
Question: What is the trigger point when tuition should be arranged?
Many licensing authorities want to know when they should put tuition in place i.e. at what
number of days absence from school.
The regulations do not state if the child requires absence from school for more than a
specified number of days then arrangements for education by a private teacher must be
made. It would perhaps be easier if they did but they don't!
It could be inferred from subsection 3(e) that education should be arranged for every day
that the child misses school. However the decision must be based on whether the child's
education will suffer by taking part in the performance. This must be taken based on the
particular performance in question and the needs of the individual child. What is suitable
for one child may not suit another.
If a child is involved in a long running production e.g. a touring stage production, a feature
film or drama series and requires considerable absence from school, the decision to put
tuition in place is a straightforward one.
It is less clear cut when the child is only required for 1 or 2 days or the child has taken part in
a number of different performances for 1 or 2 days over a period of months.
If a child is performing for one day the schedule for such a short period of time is unlikely to
allow time for tuition. It is also debatable as to whether one off tuition in this scenario will
be of any benefit to the child. Far better that the child brings work from school to complete
during periods when they are not working or there is an agreement with school they catch
up on any work they have missed.
Example 1

A child is taking part in a television commercial for two days on days when they would
normally attend school. The child has a 95% attendance record and would be at school
for the three remaining days that week. There are no other known performances in the
pipeline. The school consider him to be 'A star pupil'.

27
It could be argued that tutoring was most definitely required as the child was missing
school and therefore must receive a minimum of three hours tuition on each day. A
reverse argument might be that the child is up to date with his studies, well thought of by
the school and well able to make up for the time lost. It might also be stated that an
outside tutor may work against the teaching methodology of the child’s school, and
essentially not in the child’s best interest.
It is therefore clear that a discussion should take place with the school to clarify this.

Example 2

A child is engaged in a London West End musical where he performs in one team of
three engaged by production. This means that one day every three weeks he will take
part in the afternoon matinee and then the evening performance. The child's licence is
to run for six months.

Is tutoring appropriate/necessary in this case?

When looking at the overall situation over the length of the licence it can be seen that 8
days schooling or education is lost. However, when would you insist on tutoring the child,
and despite the loss of days, would it be in the child’s best interest?
For example, if the child is at the theatre from 1.30pm (2.30pm matinee performance)
finishing at 5pm. The child then needs to eat and rest prior to being back at the place of
performance for 6.30pm (7.30pm evening performance). This leaves only the morning to
receive education, and of course he is likely to need to leave home for the theatre at
12noon. Bearing in mind the hours of study count towards the permitted hours at the
place of performance this will leave a maximum of 2.5 hours available (1 hour if under age
9). Is this too much to ask at the beginning of what is a very long day.
If the school have initially approved absence, then perhaps it is safe to assume this
absence holds no concerns as to the child’s education?

Example 3

A child is taking part in a feature film in which he has a medium role. This requires
filming over 16 weeks and the child will be required for filming two days each week.
Occasionally this could stretch into three days and on rare occasions four days. These
will not be same days each week and some will fall on non-school days. The exact
schedule is not yet to hand and in any event will change at short notice due to
numerous factors including weather, sickness and location availability.

In this example, it is probably clear that tutoring arrangements most definitely need to be
put in place. However, how do we count these days? Sub-section 3(e) allows for these to
be aggregated over the term of the licence, in four week segments. This means that,
when aggregated, the child will have received tuition for at least 3 hours on each day they
have been absent from school, having received no more than 5 hours tuition on any day.
Periods of less than 30 minutes do not count towards the calculation.
It sounds relatively simple, but the reality is less so, given that during the 8 or 9.5 hours at

28
the place of performance the child must be given approximately a total of 1.5 hours in
breaks, there is also time in make-up, and in wardrobe, before even contemplating
performance time. So to enable the product to be made as quickly as possible (and get
the child back to school) careful discussion with production, school and the tutor engaged
needs to take place.

When making arrangements for education it is imperative that the school is included. They
will know what course of study is best for the child. The responsible person should ensure
that the private teacher and the school have an initial discussion regarding the child's study
requirements and that they liaise throughout the production to ensure the child is achieving
agreed targets.

Best Practice
We were approached by a film production company that was proposing to make a
feature length film involving 2 main cast children and 2 main cast child doubles. Filming
was to take place over a period of 5 months including school holidays and the children
were going to be in just about every scene. The children were between 13 and 16 years
old and one main cast child was from the USA. The production company contacted us
as soon as the main cast children were cast – several months before filming started – to
discuss the tutoring requirements. As a consequence of our intervention the film
company agreed to source a tutor for the American child who was familiar with the USA
curriculum. Once filming started both main cast children were provided with individual
tutors and tutoring rooms. The 2 main cast doubles were tutored together in a 3 rd
tutoring room. All tutoring rooms were equipped with computers and an internet
connection as well as text books and specific equipment to meet the individual child's
needs, for example a keyboard was available for one child to practise for music exams.
The tutors were in contact with the children's individual schools to agree a course of
work.
As the inspecting local authority, we received records of tutoring periods on a weekly
basis. Unannounced inspections were made regularly and we made sure we spoke to
the tutors, building a supportive and strong relationship and providing contact details
for them to get in touch with us if they had any concerns. The film company did
struggle to tutor the main cast children for the required number of hours. However, by
working with the company from the outset, we were able to alert them to any possible
shortfalls and they agreed to change some scenes so they could involve the 'doubles'
more and reduce the burden on the main cast children.
The standard of tuition was excellent and feedback from parents was that their children
were enjoying and benefitting from the 1:1 or 1:2 tuition.

(link to Index)

29
Question: How do we check the private teacher is a suitable person to teach the child in
question?
It is important to remember the licensing authority is approving the arrangements made;
they are not required to make the arrangements. This responsibility falls to the licence
holder and they must ensure the private teacher they propose to engage is suitable to teach
the child in question.

Best Practice
Best practice for the licence holder would be to ask the private teacher to provide an up
to date CV, to obtain 2 references and for the licence holder to carry out background
checks i.e. Enhanced DBS check.
The licensing authority should ask the licence applicant to complete the Private teacher
– suitability check pro-forma which should be held with the application for performance
licence form.

If the private teacher does not have an Enhanced DBS disclosure then an approved
chaperone should be present when the child is being taught.
Question: What times during the day can a child be tutored?
Subsection (5) of the regulation states – any period of education does not include – (a) any
period which take place other than during the hours when a child is permitted to be present
at a place of performance of rehearsal under Reg.21. The earliest and latest times a child
aged 5 and over can be at the place of performance is 7am and 11pm.
It is acknowledged that morning is the best time to tutor a child and whenever possible
production should work their schedule to allow this. When this is not possible then tutoring
should take place during the afternoon with a latest finish time of 4pm or 5pm depending
on the age of the child.
It is not acceptable for tutoring to take place in the evenings following the working day; this
is not in the best interests of the child and will cause his education to suffer. Licensing
authorities should make use of Regulation 5 and impose a condition that tuition must take
place during the morning and afternoon.
It must be remembered that any period of tuition counts towards the maximum number of
hours in a day that a child may be at the place of performance or rehearsal.
Question: Can children be tutored on a Saturday and during the school holidays?
Subsection 3(e) states the amount of education a child must receive on each day he would
be required to attend school if he were attending a school maintained by the licensing
authority.
A child attending a local authority maintained school is required to attend on Monday
through to Friday; they are not required to attend on a Saturday and/or Sunday. This means
a child cannot be tutored on a Saturday and/or Sunday regardless of what type of school
they attend.

30
The same applies to school holidays; the child is not required to attend so tuition cannot
take place during holidays.

Best Practice
There can be occasions when children from a number of different authorities will be
involved in a production; these children may have different school holidays. In this
situation it is considered best practice for the local authorities involved to agree to work
to the school holiday timetable of the local authority where the performance is taking
place.
This has two advantages; all the children will be treated the same and working to a
single end date will make scheduling easier for production.

Can the time a child spends at school be counted towards the minimum requirement?
Regulation 13 (3) applies to the provision of education by a private tutor and 3(e) specifies
the minimum hours required per day when aggregated. The Department for Education in
their advice 3.1.7 state: However, the last limb (i.e. 3(e)) does not specifically state that the
periods of education have to be provided by the private tutor so licensing authorities may
be content to approve arrangements that include some of the education being provided at a
school.
NNCEE believe that the licensing authority has to look at the circumstances for each
individual child. However they should not simply aggregate the hours spent in school to
achieve the minimum requirement of 3 hours per day. The child may be absent on the same
day or days each week meaning they receive no education in a particular subject for a
number of weeks. A mixture of school and private tuition can be appropriate.
How do schools mark the register if a child is receiving tuition from a private tutor?
Providing it is confirmed that education has been received and there is ongoing contact
between the school, tutor and parent the register may be marked with a B code. However it
is the responsibility of the school to ensure that the code they use is lawful in the given
circumstances. Schools should check with their School Attendance Service.
What involvement is required from the licensing authority regarding education
arrangements when a child is home educated?
Under Section 37(4) of 1963 Act the local authority must ensure that a child's education will
not suffer before a licence a granted. It is suggested that where a child is home educated
the licensing authority should consider the overall educational provision the child will be
receiving i.e. the provision at home and/or provision arranged by the licence holder.

(link to Index)

31
Regulation 14 Earnings
This regulation states that the licensing authority may include a condition on the licence
that the sums earned by the child are dealt with in a particular way.
NNCEE believe the purpose of this regulation is to ensure that parents and those with
parental responsibility do not unjustly spend a child's earnings.
In many cases the sums involved will not warrant a condition and licensing authorities will
very seldom, if ever, need to take this into consideration. However a main cast child
involved in a high profile film or television series/programme could receive significant sums
of money. In these cases or when a child gets consistently high levels of work the licensing
authority should consider whether a condition on where the sums are placed is appropriate
and in the best interests of the child.
Prior to placing any condition on the licence there must be a discussion with all parties prior
to any decision being taken.
Regulation 15 Chaperones
This regulation states that a licensing authority must approve a chaperone to have care
and control of a child and to safeguard, support and promote the wellbeing of the child
while he is taking part in a performance, rehearsal, activity or living away from home
during the period of the licence.
Subsection (2) states that the above does not apply if the child is being cared for by a
parent or teacher who would ordinarily provide the child's education.
Subsection (3) states the maximum number of children a chaperone may care for is twelve
or if the chaperone is the private teacher of the child in question, three.
Subsection (4) states the licensing authority must not approve a person as a chaperone
unless they are satisfied the person is suitable and competent to exercise proper care and
control of a child of the age and sex of the child in question and will not be prevented
from carrying out their duties to the child by other duties. See section 5 Chaperones
Subsection (5) states when a child suffers illness or injury while in the care of a chaperone
the licence holder must notify the parent and the licensing and host authorities
immediately.
A child taking part in a performance or activity under licence or a rehearsal within the
licensing period must be supervised at all times by a local authority approved chaperone
unless they are under the direct supervision of their parent or a person who has legal
parental responsibility or their teacher. This also applies when the child is living away from
home during the period of the licence.

Best Practice
It is considered best practice for local authority chaperones to be employed for
performances exempted under section 37(3)(a) of the 1963 Act and performances under
a body of persons approval. See Section 4 Body of Persons Approval.

32
The chaperone is the key person who protects, safeguards and supports the child. He or she
is the point of safety a child can turn to and rely on should the need arise. The chaperone
has a major part to play in ensuring that the child's experience is enjoyable and beneficial.
The role of the chaperone is so important that a complete section on the approval of and
the responsibilities of the chaperone has been included in this guidance. See Section 5
Chaperones
Regulation 16
This regulation states that the licensing authority must approve the accommodation
where the child will be staying if they are unable to live at home while taking part in a
performance or activity. It goes on to state the licensing authority may impose certain
conditions regarding transport to and from the place of performance to the
accommodation, arrangements for meals and any other conditions to ensure the child's
welfare while at the accommodation.
In the majority of cases accommodation is not required as the child will be performing
within an acceptable travelling distance from home. However the distance a child is
expected to travel does appear to becoming longer and longer and licensing authorities
when appropriate should suggest to production the child is accommodated overnight in a
hotel.
Approval of the accommodation does not necessarily mean that an inspection needs to be
carried out. If the child will be staying in a hotel from a known, quality chain then it is
perfectly acceptable to make enquiries via the internet regarding the facilities available and
the location. An email should be sent to the local authority where the hotel is located
asking whether they have concerns regarding its' suitability and a check should be made
with the licence applicant to ensure that the child and the chaperone have adjacent rooms
and interconnecting doors where possible.
However there may be times when further enquiries are needed.
Example

A main cast child was taking part in drama series and was being accommodated in a
hotel from a quality hotel chain in a city centre. However due to the length of time the
child was going to be living at the hotel an inspection was made by the local authority.
The proposed accommodation was perfectly acceptable for a short stay of a few nights
but this child was going to be there for a number of weeks. There would not be
sufficient space to allow him quality down time and for the completion of school work.
It was agreed that the accommodation be upgraded to a suite in order that it could be
approved as suitable for the individual child.

For some cases a private house is rented to accommodate the children involved in a
production e.g. West End productions with a large cast of children or children's drama
series. Here an inspection of the accommodation will be required to check on the standard

33
of the facilities, location and layout of the property, living and sleeping arrangements,
facilities for completing school/homework, internet/WFI availability.
In the above situations the accommodation is solely for the use of children and chaperones,
however the licensing authority must ensure that this is the case when given a private
address as the proposed accommodation.
Example

A television company was making a reality/observational documentary which required

a number of children to live in a large well-proportioned house in a stockbroker belt
area. The children would live in one part of the house, their parents in another part and
6 to 8 members of the production crew were also going to be living there.
This raised a number of questions i.e. did the crew smoke, drink and what was the
potential for inappropriate language and behaviour around the children bearing in mind
that the crew were entitled to personal down time at the end of the working day.
Would additional chaperones be required and would these arrangements be conducive
regarding tutoring.
To resolve the accommodation issues discussions were held with the production
executives, the parents, on site crew and the children. Clear demarcation lines were
drawn and no go areas "after dark" were agreed.
Preparation, an inspection of the accommodation and discussion were very much
needed in this case before the authority was able to approve the accommodation as
suitable. It should be said that all went well with this production.

Regulation 17 Place of performance and place of rehearsal

This regulation states that the licensing authority must approve any place where the child
will perform, rehearse or take part in an activity. The licensing authority must be satisfied
that certain criteria are met such as provision for meals, suitable dressing rooms, toilet
facilities, adequate shelter and rest areas before they can approve the location.
Subsection (3) allows the licensing authority to make its' approval subject to conditions.
Subsection (4) states that children who have attained the age of 5 years may only dress
with children of the same sex otherwise the arrangements are not suitable.
Licensing officers will be familiar with many of the venues within their authority and will
have approved them as suitable places to perform.
When a child is performing in another area the licensing authority should email the relevant
local authority for confirmation that the venue being used is approved as suitable.
Where the place of performance is an outside location then the licensing authority should
confirm with the responsible person (licence applicant) what arrangements are in place in
terms of shelter, toilet facilities, refreshments and meals. If it is a large scale production this
could be the provision of a winnebago, honeywagon and catering facilities provided on site.
Smaller scale performances e.g. a TV commercial may utilise a nearby community centre or
church hall. The licensing authority should ensure it is satisfied the building and its' facilities
are suitable.

34
Licensing officers may be asked for advice on how best to utilise the facilities available at a
venue in order to comply with Regulation 17. This is particularly true of amateur groups
using a church hall or community centre where accommodation and facilities are restricted.
Licensing officers should be helpful and adopt a common sense approach to resolving any
issues.
Example

How to overcome common accommodation issues encountered at small local venues:

Consider division of main room into sections using screens or even a washing line with
curtain thrown over!
Covering of windows and glass in doors with paper or newspaper
Children arriving in and wearing a" base uniform" of black t shirt and leggings to enable
costume changes to take place

Regulation 18 Travel Arrangements

This regulation states the licence holder must ensure that suitable arrangements are in
place to get the child home or to any other destination following the last performance or
rehearsal or the end of the activity on any day.
It is important the licence holder realises his responsibility in this respect and the licensing
authority can impose a condition on the licence regarding travel arrangements.

Best Practice
It is considered best practice that no child should be left to go home alone. They should
be signed over by the chaperone to either a parent, or someone with parental
responsibility or to a known person whose details have been given to licence holder. A
child who is living in accommodation provided by the production will be accompanied
there by the chaperone.

PART 4 Restrictions in relation to all performances

Regulation 19 Application of this part
The requirements in this part of the regulations apply to all licensed performances and to all
performances which are exempted from obtaining a licence under section 37(3)(a) of the
1963 Act.
These restrictions do not apply to performances under a body of persons approval.
However, when issuing a body of persons approval a local authority can place any condition
they feel appropriate. Compliance with this part of the regulations in terms of times at the
place of performance, hours of work and breaks would seem to be appropriate and
reasonable.

35
Regulation 20 Employment
This regulation states a child taking part in a performance cannot be employed in any
other employment on the day of the performance or the following day.
This is referring to any part time job a child may have e.g. paper round, working in a shop
etc. It is not referring to another performance production the child may be taking part in.
The ability of a local authority to enforce this requirement is limited, however where there
are obvious concerns licensing officers must raise the issue with parents and if required
include as a condition on the licence.
Regulation 21 Earliest and latest times at place of performance or rehearsal
This regulation sets out the earliest and latest times a child can be at the place of
performance or rehearsal.
This regulation does not apply if the performance or rehearsal is taking place where the
child ordinarily lives or receives education.
As previously mentioned (see Reg. 5) it should not be the assumption that the 15 and 16
hour time frame is the norm in all situations. The licensing authority may wish to impose a
condition in respect of a later start time or earlier finish if it is in the best interests of the
child.

Best practice
A long running TV series regularly uses children both as main cast characters and
background artists. It is usual practice that the set shuts down at 8pm. It has been
agreed that licences will be issued with a latest permitted time of 8pm. If on occasion a
child should be required after that time the licence holder will advise the local authority
and an amendment will be issued.

Link to NNCEE table

Regulation 22 Attendance at place of performance or rehearsal and hours of performance
This regulation states the maximum number of hours a child according to their age can be at
the place of performance or rehearsal, the maximum hours they may perform or rehearse in
one day and the maximum time they may perform or rehearse continuously.
See Department for Education Advice 4.4, 4.6 and 4.7 below.
Subsection (2) is stating the hours the child is tutored to comply with the arrangements
approved under Regulation 13 must be taken into account when calculating the number of
hours they can be present at the place of performance. This is the case even if the
education is provided at a location other than the place of performance i.e. the unit base, a
hotel room.

(link to Index)
36
Example

As the regulation does not differentiate between types of performance i.e. broadcast
and non-broadcast, care must be taken when children under the age of 9 are
performing in stage shows, in particular when they are performing in two shows on one
day.
A child under the age of 9 is permitted to be at the place of performance for 8 hours; if
they are taking part in two shows it is more than likely they will need to leave the
theatre between shows. They may perform for a maximum of 3 hours so licensing
officers must ensure that the child's aggregated performance time over the 2 shows
does not exceed this. In most cases this will not be an issue as the child's actual time on
stage will be well within the permitted time, however there are a few productions
where the child is on stage throughout the performance. In instances such as these
production should have two teams of children.

Link to NNCEE table

Regulation 23 Breaks on any day on which a child is performing or rehearsing
This regulation states what breaks according to their age a child must have when performing
or rehearsing.
Subsection (1) states the breaks for children under 5 years.
Subsection (2) states the breaks for children aged five or over if present for more than 4 but
less than 8 consecutive hours.
Subsection (3) states the breaks for children aged 5 or over if present for 8 or more
consecutive hours.
See Department for Education advice 4.7 below
Subsection (4) states the break a child must have between consecutive performances.
Subsection (5) states the break required if the performance or rehearsal is less than one
hour in duration.
Link to NNCEE table
Breaks between consecutive performances
Subsections (4) and (5) state the break required when a child is performing in consecutive
performances.
If we deal with subsection (5) first. This states where the earlier performance or rehearsal is
less than one hour in duration and the following performance takes place at the same venue
or location; or there is no time required for travel between the earlier and consecutive
performance, then the break may be reduced to a minimum of forty-five minutes.
It is clear this reduction to forty-five minutes only applies as specifically stated above i.e. the
performance or rehearsal is less than one hour in length and is at the same venue. In their
report of the consultation on performance hours and breaks the Department for Education
state: We have decided to allow flexibility so that the minimum break between

37
performances ca be reduced to 45 minutes, where the performances are less than 1 hour
and take place in the same venue.
Subsection (4) states: Subject to regulation 23(5) (if the performance lasts for more than 1
hour this does not apply) a child must have a break of a minimum duration of one and half
hours between the child's participation in consecutive performances where on the same
day-
(a) The child performs the same part or takes the place of another performer in more
than one instance of the same performance including rehearsals, falling within
section 37(2)(a) or (b) of the 1963 Act, for which a licence has been obtained;
(b) The child is taking part in performances under different licences granted in respect of
the child; or
(c) The child is taking part in a performance for which a licence has been obtained and
in a performance which a licence is not required under section 37(3)(a) of the 1963
Act
Subsection 4(a) is referring to performances for which (a) a charge is made and (b) is taking
place in licensed premises and a break of one and half hours is required. In most cases this
means stage performances; a film set or TV studio would not fall into this category.
Subsection 4(b) means that a child can take part in two different types of performances on
the same day and a break of one and half hours between the two performances is required.
Subsection 4(c) means that a child can take part in a performance under licence and a
performance under the '4 day rule' on the same day and a break of one and half hours
between the two performances will be required.
There is some varying interpretation of Reg. 23(4) with the wording 'the child's participation
in consecutive performances' being the point in question. Does the 90 minutes mean from
when the child's participation in show 1 ends and his participation in show 2 begins? Or
from the end of show 1 to the beginning of show 2? This is open to different
interpretations.
Notwithstanding the above interpretation regarding participation it is the view of NNCEE
this cannot be applied to pantomimes.

Best practice
We all know that children taking part in pantomimes appear in the first part, the middle
part and at the end of the show in the finale and curtain call. This has always been the
case and there is no doubt that taking the curtain call is classed as the child's
participation in the performance i.e. they are taking part up to the finish/end time of
the performance. It is extremely important in terms of the child's experience and
enjoyment of taking part that they participate in the curtain call as an appreciation and
acknowledgement of all their hard work and commitment to the success of the
production. NNCEE would view the removal of this right to a curtain call in order to
simply bring forward the start of the required one and half hour break between
performances as cynical on the part of production and not in the best interests of the

38
child.
It is clear, therefore there should be a break of one and half hours between consecutive
performances.

There may be some productions where the child appears only in the first or second part
of the performances and in these cases it may be feasible to commence the break from
the end of his/her appearance in the show; however we would still advocate for the
child's right to take the curtain call.
In respect of pantomimes, other than ensuring a child does not take part in consecutive
performances by using 2 or 3 teams, there is no other option than to have a break of
one and half hours between performances.

Best Practice
There have been a various schools of thought on what constitutes the 'child's
participation' in a performance particularly regarding taking the final curtain.
This has to form part of their participation in the performance as they will remain in
costume backstage and will still be under the restraints imposed upon them. As stated
earlier NNCEE believe that children should take the final curtain as an
acknowledgement of their hard work and contribution to the success of the show.

Regulation 24 Minimum breaks overnight

This regulation states that subject to regulation 28 Night-work, a child must have an
overnight break of a minimum of twelve hours.
See Department for Education advice 4.8 below.
The above regulations state the minimum breaks that a child must have according to age,
however licensing authorities must take into account the guidance issued by the
Department for Education.
In its advice the Department for Education has stated the following:
4.4 The maximum number of hours a child can perform or be at a place of performance is
set out in regulation 22. It is important to note that these are the maximum hours
permitted by the legislation; it is not intended that they be the default working pattern for
all children. The principles that underpin each licence decision (as set out in section 37(4)
need to be considered: the child must be fit to take part in the performance, proper
provision must be made to secure the child's health and kind treatment and that their
education does not suffer.
4.5 Any time spent in education that is required by regulation 13 counts toward the
maximum permitted hours in one day.
4.6 For children aged 5 until 9 the limit for continuous hours of performance or rehearsal
(during the performance period) in one day is 2.5 hours. It is not expected that a child
under 9 would ever normally be on stage or in front of a camera continuously for such a

39
long period. If a child is taking part in a physical performance (such as a dance) however,
this allows them time to properly warm up. (A warm up is classed as rehearsal and if it
takes place on or after the date of the first performance it counts toward the total
permitted performance time.)
4.7 The minimum breaks a child must have whilst performing and overnight breaks are
specified by regulation 23 and 24. It is important to note that the regulations specify the
minimum breaks required by law; it is not intended that they be rigidly adhered to. Children
may need more or longer breaks, depending on the activity, the child and the individual
circumstances.
4.8 Whilst 12 hours is the minimum required overnight break for all children, it is generally
expected that most children should normally have an overnight break of no less than 14
hours duration. Licensing authorities will want to consider factors such as the time that may
be required for the child to travel to and from the place of performance and their home and
whether to place any conditions on the licence to ensure the child has an adequate
overnight break.
Although it is clear in guidance that the number of hours a child can be at the place of
performance and perform and the minimum breaks stated should not be considered the
norm, it is apparent that is what is happening in practice.
As mentioned on Page 17 Licence Conditions it is the expectation that a child's meal break
should always be for 1 hour. It is again worth re-iterating the importance of regulation 5
and licensing authorities must impose conditions where it is in the child's best interests.
Licensing authorities should consider whether a continuous performance time of 2.5 hours
without a break for a child aged 5 and over is appropriate. It is worth noting that lessons in
a secondary school let alone a primary school, are not normally longer than 2 hours
duration.
The licensing authority has to consider the needs of the individual child in question when
making a decision on whether to issue a licence and impose conditions, however it is
important to adopt a consistent approach whenever possible. Where there are a number of
children involved in a production discussion should take place with all the local authorities
and production to agree an approach and ensure that where possible the children are
working to the same licence conditions.

PART 5 Restrictions and exceptions in relation to all licensed performances

Regulation 25 Application of this part
This part of the regulations apply to all licensed performances.

(link to Index)

40
Regulation 26 Maximum number of consecutive days on which a child may take part in
performances or rehearsals
This regulation states that a child must not take part in performances or rehearsals on
more than six consecutive days.
When receiving performance schedules for stage performances licensing authorities must
ensure the number of days is not exceeded due to there being no break between the date
of the first performance and the rehearsal schedule. Amateur groups can often overlook
this requirement when planning their schedule.
Example

If the show was to run from Monday to Saturday, then the dress rehearsal could be held
on the Saturday and the technical rehearsal, without the children, on the Sunday.
If this is not acceptable to production there are two options:
a) To reduce the length of the show by one day, or
b) Have two teams

The licensing authority must take into consideration the overall length of the production. A
child who is being asked to perform on 6 consecutive days over a number of weeks will not
be able to consistently deliver a quality performance. They can impose a condition that the
child may only work for a maximum of 5 consecutive days at least giving the child the
equivalent of "the weekend off".
Example

A request was received for a licence for a child aged 10 years to rehearse on 6 days a
week for 6 weeks prior to a live recording for broadcast. Rehearsing was to take place
during school time from 1pm to 10pm Monday to Friday with a full days' rehearsal from
9 am to 6.30 pm on each Saturday. Absence from school was granted by the school for
the 5 afternoons only for the 6 weeks.
The local authority felt this was an excessive amount of rehearsing when taking into
account the fact that the child was expected to be in school each morning. Discussion
was held with the production company, and with the parent, and assurances were given
that the child probably would not be required for every rehearsal day. The amount of
rehearsing and the child's ability to cope without their school work being affected was
monitored during the course of the rehearsal and performance, and adjustments were
made as appropriate.

Example

A film company requested a licence for a child aged 11 years to perform on 22 days
during a 6 week period. A condition was put on the licence that the local authority was
to be informed of the actual days of rehearsal and performance at least 3 days in
advance. In the event due to sickness and poor weather the start of filming was
delayed. Consequently when the revised schedule was produced the production
company was proposing that the child would perform or rehearse or be tutored on 6

41
days a week for 4 weeks, with the one day off each week being used as a travel day.
This was felt to be excessive and after discussion with the production company and the
parent, a new schedule was agreed with the child having 1 rest day for 2 of the weeks
and 2 rest days for the other 2 weeks. The amount of travelling was reduced, with more
overnight accommodation being provided. Daily record sheets were requested on a
weekly basis and the situation was monitored by the Local Authority in discussion with
the parent.

Example

A production company was making a living history programme in which a number of

families were to experience the living and working conditions poor families endured
over 100 years ago. Filming was to take place over a period of 3 weeks. Due to the
nature of this filming and the length of the filming period it was agreed the children
involved should work a maximum of 5 consecutive days.

Regulation 27 Break in performances

This regulation states a child must have a break of 14 days if he has performed on the
maximum number of consecutive days for 8 consecutive weeks.
Regulation 28 Night work
This regulation states the conditions that must be met should a licensing authority permit
a child to perform before the earliest permitted time or after the latest permitted time.
Now that the latest permitted time for broadcast performances is 10pm for children under 5
years and 11pm for those over 5 years, the demand for "night work" has been reduced.
A request for "night work" can be made for all types of performances i.e. stage, television
and filming. It is anticipated there will be minimum demand for stage productions as these
performances usually end between 10pm and 11pm. The request can apply to a
performance that is taking place either indoors or outdoors.
The licensing authority must ensure that the proposed hours for a child to work between
the latest and earliest permitted times is included in the maximum hours permitted under
Reg.22. Any hours agreed are not in addition to the maximum permitted.
The licensing authority must ensure there is a 16 hour break from the end of the
performance and the start of the following performance or rehearsal.
If a child has performed between the latest and earliest times on 2 consecutive days then
they cannot participate in any further "night work" during the 7 days following those 2 days.
It is important licensing authorities remember they do not have to permit "night work"; the
regulation states they may permit. Each request should be viewed on its' merits and
whether it is reasonable. Could this take place within permitted hours and production have
only requested it because it suits their schedule better in terms of cost and availability of

42
crew and equipment? Is it in the best interests of the child? What is the potential impact
on the child's education in terms of any arrangements that may have been made under Reg.
13 or absence from school?
Example

A show involving children is to be made at the British Museum. The production team is
only allowed access from 9pm as the building is open to the public to 7pm and it then
has to be cleaned. A request is made for the children to arrive at 9pm and the proposed
wrap time will be 1.30am.
The licensing authority must decide whether the request is reasonable. Could access to
the building have been any earlier? Could the schedule be changed to ensure the
children are filmed first and therefore finish earlier? The age of the children must be
taken into account when agreeing a finish time and a licensing authority may feel that
midnight is late enough.

Example

An advertising company wants to make a TV commercial for a leading high street

supermarket. The application is submitted for the filming to take place at a large
branch of the supermarket after 10pm when the supermarket has closed. The children
have a call time of 8.30pm and filming will be finished by 2am.
Would this be considered a reasonable request? Depending on the day supermarkets
do not tend to be at their busiest during the evening hours so would it not be possible
to film during permitted hours in this instance? However an overriding factor is that
supermarkets have to close at 4pm on a Sunday due to Sunday trading hours. Filming
could take place then and be completed within permitted hours.

Example

We were approached by a company who wanted to film a TV commercial and due to

the product they were advertising they needed to film exterior shots at night. As
filming was taking place in June darkness only truly fell around 11pm and filming was
only likely to finish at 5am. They were using children aged 8 to 15 years as background
artists and wanted them to film over 2 nights.
A number of local authorities had children taking part and through discussion at an
early stage with each other and production were able to agree a consistent approach.
It was acknowledged that filming had to take place between the latest and earliest
permitted hours; the time of year, midsummer had impacted on the length of time the
children were needed. The licensing authorities wanted to reduce the effect working
these hours would have on the children in terms of both the physical impact i.e.
disruption to sleep pattern, tiredness and the impact on their education.
The company was advised it must take into account that some children may be taking
exams and they should avoid using Year 11 and possibly Year 10 children. As the
children would be required through the night until the early hours of the morning it was
agreed they would only be licensed to film for 1 night. It was considered that 2
consecutive nights was not in the best interests of the children and would have resulted

43
in 3 days absence from school. Restricting to 1 night reduced the school absence and
the recovery time that the child needed.
This was agreed with the company and 2 teams of children were used to cover the 2
nights of filming.

Best practice for licensing authorities is:

If it is possible for filming to take place within permitted hours then a licensing
authority should not agree to "night work".
There must always be a discussion with the responsible person (licence applicant) prior
to the licensing authority permitting a child to perform between the latest and earliest
permitted hours.

Regulation 29 Chaperone discretion

This regulation states that the chaperone may allow a child to take part in a performance
for a period not exceeding one hour immediately following the latest time specified in
regulation 21 providing –
The total of performing hours including the additional hour the child takes part do not
exceed the maximum hours under Reg. 22. The chaperone believes the welfare of the
child will not be prejudiced and the conditions requiring this arose outside of the control
of the licence holder.
Making use of this regulation must be the exception not the rule and productions must not
view this as an "additional hour" they can take advantage of; this is not a decision the
licence holder can make, the decision is the chaperones' alone. If the child has already
performed for the maximum permitted hours according to their age then the chaperone
cannot exercise discretion whatever the circumstances.
The chaperone should only exercise discretion if the circumstances have arisen outside of
the control of the licence holder i.e. unforeseen circumstances. An example of this might be
equipment failure or a power failure. It would not be acceptable to cite schedule overrun.
Whenever they decide to exercise discretion the chaperone must be sure that it is not to the
detriment of the child's welfare.
When a chaperone allows a child to perform after the latest time specified in regulation 21
the licence holder must ensure that the chaperone notifies the licensing and host
authorities on the following day. They should provide a reason for their decision.
Local authorities must monitor the use of this discretion carefully, review the reason for
allowing the child to perform and ensure it has been used appropriately. They must ensure
that notifications are received within the timescale specified and best practice is to send
written acknowledgment to the licence holder when used. If the licensing or host authority
identify inappropriate or frequent use they must enter into discussion with the chaperone
and the licence holder.

44
Subsection (3) of this regulation states that the chaperone may allow the meal break to be
reduced when the child is taking part in a performance or rehearsal outside providing it is
not less than 30 minutes and the maximum hours that the child can perform is not
exceeded.
Example

It might be appropriate to reduce the break if the weather was particularly cold. It
would be in the best interests of the child to finish earlier avoiding even colder weather
as the day progressed. The same may be an option if the day was a particularly hot one.

PART 6 Licences to perform and participate in activities abroad

Regulation 30 Form of licence
This regulation states the information that must be included in a licence for a child
performing abroad.
Regulation 31 Information to be provided to consular officer
This regulation states the information which the justice of peace must send to the Secretary
of State for transmission to the appropriate consular officer.
The issuing of licences for children to perform and participate in activities abroad is outside
the remit of local authorities. In circumstances when a licence is required this is issued by a
justice of the peace at the magistrate court. See Section 3 Children and Young Persons Act
1933

SCHEDULES
Schedule 1 Revocations
Schedule 2 Information Required For A Licence Application
Schedule 3 Records To Be Kept By The Licence Holder
Explanatory Note

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45
SECTION 3
The Children and Young Persons Act 1933
Section 23 Prohibition against children taking part in performances endangering life or
limb
This section states that it is an offence for any person (or a parent who allows it) to allow
a child under the school leaving age to take part in a performance in which his life or limbs
are endangered. A "performance of a dangerous nature" includes all acrobatic
performances and all performances as a contortionist.
It is clear that in order to fulfil their safeguarding responsibilities the licensing authority
must protect a child and ensure that their life and limbs are not endangered by taking part
in a performance. It can be taken as clear cut that a performance as a contortionist is
dangerous and inappropriate for a child.
Acrobatic performances are less clear cut when one thinks of the content of some dance
routines that children are involved in together with acrobatic troupes appearing on
television programmes.
With the increased incidence of new forms of dance performances the distinction between
the routines performed by gymnasts, which are subject to the controls and safeguarding
measures of the relevant sporting body, and the gymnastic/acrobatic type of performances
that make up elements of street dance, hip hop, LA Style, Break dance and other popular
dance styles is becoming blurred. Dance performances clearly come within the realms of the
Performance Regulations and may also be considered a 'dangerous performance' where
there is an obvious acrobatic content. Local authorities should look at each situation on a
case by case basis and seek advice from their legal departments, however the overriding
concern must be the safety of the children.
Example

An application was received for an act to take part in a high profile talent contest. The
content of the act involved acrobatics and consideration had to be given whether this
fell into the category of a dangerous nature. Further investigations took place and it
was established that all of the children involved were registered gymnasts, the vast
majority had represented Great Britain in gymnastic competitions and were highly
proficient in what they did. It was also established that the content in the routine was
nothing additional to the skill level required or undertaken in their normal gymnastic
performances. As a result of these investigations, discussions and a detailed risk
assessment this particular performance was deemed not to be a risk to these children
and a licence was issued.

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46
Section 24 Restrictions on training for performances of a dangerous nature
Subsection (1) of this section states that a child under the age of 12 cannot be trained to
take part in a performance of a dangerous nature.
Subsection (2) of this section states that a local authority can grant a licence for a child
who is 12 years or over to be trained to take part in performances of a dangerous nature.
Subsection (3) repealed.
Subsection (4) of this section states the terms under which a licence may be issued
including any conditions the authority may wish to impose to protect the child. However a
licence cannot be refused if the authority is satisfied that the child is fit and willing to be
trained and proper provision has been made to secure his health and kind treatment.
It is rare that a licensing authority will be approached to issue a licence for a child to take
part in a dangerous performance. Best practice is to enter into a full discussion with the
licence applicant regarding what the child is doing and what arrangements are in place to
mitigate the risks. The licensing authority should take advice from their legal services
department before issuing a licence.
There have been concerns in the past from licensing authorities regarding children flying in
stage performances notably "Peter Pan" as to whether this would constitute a dangerous
performance.

Best practice for licensing authorities

Peter Pan is a pantomime that has had children flying for at least forty years and
numerous local authorities have licensed children under the age of 12 to appear in it
and to "fly".
Obviously certain criteria have to be dealt with and the essential ingredient is a quality
risk assessment carried out by a company that specialises in this. Such companies have
a standard risk assessment that mitigates risk including cable strain weight for age is
measured and to provide the necessary safety and balance. Licensing officers have
contacted their Health and Safety departments regarding this who agreed that the
mitigation of the risk assessment meant that the child was under no undue risk and all
possible precautions had been taken. Parental consent can be obtained and that they
agree the safety margins are to their satisfaction.
The specialist company install the equipment, test it and train the stage crew how it
works and how to secure the child in the harness. This is done in the presence of the
onstage chaperone(s) so nothing is left to chance. The chaperone can ensure that the
child is correctly harnessed on each occasion.
Due to the risk assessment and processes and procedures that are carried out, this
removes it from the potential of being a dangerous performance.
Providing the above criteria is followed with appropriate risk assessment and
procedures it would be a nonsense to refuse an application on the grounds of it being a
dangerous performance.

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Section 25 Restrictions on children going abroad for the purpose of performing for profit
This section states the procedures to be followed to obtain a licence for a child who is
going abroad to take part in a performance or activity for profit.
The licence is issued by a justice of the peace from the magistrates' court in the district
where the child resides.
The issuing of licences for children performing abroad it outside the remit of a local
authority and under no circumstances is a local authority able to issue a licence.
It should be noted that the Republic of Ireland is not recognised as "abroad" by the
magistrates' court. If a child resident in Great Britain is performing in the Republic of Ireland
a licence should be issued by the local authority where the child resides.
Section 28 Powers of Entry
This section states what powers an authorised officer of the local authority has to enter a
place of performance where children are either believed or known to be performing.
Subsection (1) allows the courts to issue an order to the local authority or the police to
enter a place of performance if it believed that child performance legislation is being
contravened. The order must be carried out within 48 hours of being issued.
NNCEE have no experience of a local authority applying for such an order. In any
prospective case the issues and concerns should be referred to the local authority legal
team for advice.
Subsection (2) (a) states that an authorised officer may enter any place used as a
broadcasting or film studio to make enquiries about any children performing to which
section 37(2) of the 1963 Act applies.
This is a wide ranging power; there does not need to be an offence or an issue in respect of
a child or children and supports enforcement via unannounced inspections.
Subsection (2)(b) states that an authorised officer may during the currency of a licence
issued under section 37 enter any place to make enquiries about the child. This includes
performances of a dangerous nature.
This is a more restrictive power as it is referring to concerns in respect of a specific child to
whom the licence relates and entry is only legally authorised on that basis.
Subsection (3) states that any person who obstructs an authorised officer or refuses to
answer or answers falsely any enquiry is committing an offence.
When making an inspection the licensing officer may be asked to wait for a chaperone to
collect them. Very often this is due to security reasons, however it may well be a delaying
tactic on the part of production and should be borne in mind.
You are entitled to ask the producer and/or chaperones questions during the inspection; if
they refuse to answer or deliberately mislead you they are likely to have committed an

48
offence and you will need to consider what action you might want to take. A decision to
take legal action will need to be fully discussed with your legal services team.

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49
SECTION 4
BODY OF PERSONS APPROVAL
Under Section 37(3)(b) of the Children and Young Persons Act 1963 a licence is not required
for a performance given under arrangements made by "a body of persons" approved by the
local authority where the performance is taking place, or in some exceptional circumstances
by the Secretary of State.
What is a BOPA?
The first thing to be made clear to both organisations who are applying for and local
authorities who are issuing body of persons approvals is that a BOPA must not be viewed as
a means of "getting round" the requirement for a performance licence. Applying for and
granting a BOPA will reduce the administrative burden for all parties, however the same
principles apply in terms of safeguarding the child and ensuring there is proper provision to
secure his health and kind treatment. There must be no reduction in safeguarding
arrangements.
A BOPA, if granted, removes the need to apply for an individual licence for each child; it is
granted to the organisation that is responsible for the performance. The approval is granted
by the local authority where the performance is taking place; the local authority can grant
the approval even if the children taking part do not live within its' boundaries. It is the
organisation which is approved not the children i.e. the local authority is confirming that the
group or organisation is a ‘suitable’ or ‘approved’ group and therefore must be certain that
they (the LA) have taken every reasonable precaution to ensure the group is indeed a
suitable group.
A BOPA can be granted to an organisation for a single performance or for a series of
performances within a specified time providing no payment is made to the child or to
anyone else in respect of the child taking part in the performance and the child does not
require absence from school. See Section 7 Absence from school for further details.
A BOPA is not transferable to another organisation or to individual children taking part in a
performance arranged by someone else. A BOPA cannot be issued in respect of an activity.
A BOPA is not a "group licence" nor is it an exemption under the 4 day rule.
Who can apply?
Any type of organisation can apply for a BOPA i.e. amateur group, professional company,
stage or broadcast providing there is no payment made (other than expenses) for the child
to take part. However they will be required to meet certain criteria and to demonstrate
that they have clear, robust and well embedded safeguarding policies and arrangements in
place to protect children. This will inform the local authority decision and it is at its
discretion whether to issue an approval.

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In exceptional circumstances the Secretary of State may issue a BOPA. Department for
Education Advice 1.3.7 states the following:

 The Secretary of State has the power to issue a BOPA but will not generally consider
applications. This is because local authorities are better placed to assess
arrangements made to safeguard children in local activities, to inspect those
arrangements and enforce any requirements or conditions intended to protect
children.
 The Secretary of State will not consider any applications that do not involve a large
number of performances with a large number of children across a significant number
of local authority areas.
Organisations should therefore make an application for approval to the local authority
where the performance is taking place. An organisation should not apply to the Secretary of
State because they believe the local authority is taking too long to process an application.
They should certainly not apply to the Secretary of State because the local authority has
turned down an application.
How to apply
The first consideration is to determine if a BOPA is the appropriate route to take in the given
circumstances.
If the child is being paid or anyone else is receiving payment for the child to take part then a
BOPA is not appropriate and a licence must be applied for. If the performance in question is
a type where it is normally expected a child would receive payment the local authority
should question the absence of payment and may take the view that a BOPA is not
appropriate in the circumstances.
If absence from school is required then again a BOPA will not be appropriate and a licence
must be applied for but see Section 7 Absence from school.
If the above criteria are met the organisation should approach the local authority where the
performance is taking place to discuss applying for a BOPA and complete the BOPA
application and conditions of approval form.
The organisation should apply to the local authority in plenty of time in order that they have
sufficient time to assess the application and ask for further information should this be
required. It is suggested that 21 days in line with the regulations would be a reasonable
time frame.
As stated earlier it is at the discretion of the local authority whether to issue a Body of
Persons approval and the organisation will need to provide evidence of the following:

 Clear, robust and well embedded safeguarding policies and procedures in place
 A designated child protection/safeguarding officer
 A regularly updated (every 12 months) child protection policy together with details
of how this is communicated and followed

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  Evidence of any child protection/safeguarding training provided
 Procedures for checking the suitability of persons who will have responsibility for
children
The local authority will also ask the organisation to agree to certain conditions which will
include the following:

 To comply with Regulation 11 and Regulations 15 to 29 of The Children

(Performances and Activities) (England) Regulations 2014
 To ensure an appropriate number of local authority approved chaperones are
engaged to care for the children and ensure they are supervised at all times (see
note below)
 Ensure suitable arrangements for first aid
 Maintain detailed and complete records of children involved in the group including
emergency contact details and any medical issues
 Provide the names, date of birth, address and school of the children taking part
 Obtain a signed statement of fitness from the parent of each child
 An authorised officer of the local authority having unrestricted access to any
rehearsal, technical rehearsal or performance at any venue the organisation may
use
There may be other conditions that a local authority may wish to impose depending on the
individual circumstances of the performance.
Note: Department for Education advice 1.3.7 states: Where a performance is taking place
under the auspices of a BOPA the legislation does not require that the child be supervised
by a chaperone approved by the local authority.
This statement cannot be taken in isolation. The local authority has to be certain the
organisation has clear, robust and well embedded policies for safeguarding children and the
supervision and care of the children is paramount. When considering whether to issue an
approval to a local amateur group or any group for that matter, the licensing officer must
ask the group to explain their procedures for carrying out background and suitability checks
on the adults who will be caring for the children. For example; what is the procedure for
obtaining a DBS check and how would they deal with any adverse information on a
disclosure? Do they obtain independent references? What training do they provide in
terms of child protection and child performance legislation? Experience shows they will
very often be unable to demonstrate acceptable procedures are in place and as such only
the use of local authority approved chaperones will enable the group to be considered for a
body of persons approval. It is the firm view of NNCEE that children performing under a
BOPA should be supervised by local authority approved chaperones.
It is acknowledged there may be some exceptions and the arrangements a group have in
place to supervise and care for the children can be deemed acceptable.
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52
Example

A cathedral holds a number of evening events in which several schools take part. It was
appropriate to grant a BOPA and in this case the local authority did not make it a
condition that local authority approved chaperones were engaged. The children were
supervised by their teachers, however the local authority agreed a ratio of teachers to
pupils ensuring sufficient numbers were present and supervision was not being
undertaken by parent helpers.

Example

A BOPA was issued to a local authority organisation that ran a choir for children with a
variety of different special needs. This choir was due to perform at an event organised
by the local authority group. As many of the children had quite specific special needs
more supervision was required than the usual 1 chaperone for 12 children. It was
agreed that the people best qualified to supervise and provide the specific support
these children needed was the support staff from the child's special needs school, who
were neither teachers nor chaperones. The support staff who were DBS checked and
trained in dealing with these specific needs were to support the local authority music
teachers for the choir. The Music staff had undergone safeguarding training and training
on the performance regulations as part of the requirement for the granting of the BOPA
and were also DBS checked. This arrangement worked well and the children were able
to fully participate in the concert.

Whenever possible it is considered best practice that the person or persons from the group
are interviewed by the licensing officer. This can take place at local authority offices or if it
is a local group preferably at the place where they rehearse and perform. This will enable
the licensing officer to see at first hand the procedures the group have in place and to carry
out an inspection of the place of performance and rehearsal as required by Regulation 17.
Issuing a BOPA
The local authority can issue a BOPA for a single performance or for a series of
performances over a given period; this is normally up to one year.
If the approval is given for a period of time it should be a condition that the organisation
provides the local authority with details of each performance/rehearsal including the dates,
times and location, the names of chaperones and the name, date of birth, address and
school of all children taking part, at least 21 days in advance of the first performance unless
the local authority has agreed a shorter notice period.
If satisfied with the proposed arrangements the local authority should issue an approval to
perform in respect of the specified performance.
There may be children included in the BOPA from neighbouring authorities and it is best
practice for the issuing authority to forward the child's details to the appropriate authority.

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It is worth stating that the local authority issuing the approval does not need the
"permission" of another authority for their children to be included. It does not matter if a
child has performed on 4 days or more in the last 6 months they can still be included in a
BOPA.
Example

Amy has had 2 licences issued in the last 3 months and has worked for 2 days on a TV
drama and filmed a TV commercial for 1 day. The local theatre group she is a member
of are putting on a production for 4 days and have been granted body of persons
approval.
Amy can perform under the BOPA.

However if a child has performed under a BOPA the number of days will count as
performance days.
Example

Jake played "Oliver" in the production put on by the local group where he is a member.
The group were granted a BOPA and Jake performed for 3 days.
An enquiry was received from another organisation who wanted to film with Jake for 2
days and as he wasn't being paid and wasn't missing any school (filming was at the
weekend) they wanted to make use of the 4 day rule exemption. In this instance the
days Jake performed under the BOPA must be counted and an exemption cannot be
applied, the organisation must apply for a licence.

BOPA decisions
As has already been stated it is at the discretion of the local authority whether to issue a
BOPA and they can place any conditions on the approval to ensure the wellbeing of children.
A BOPA can be revoked if the organisation fails to meet the agreed conditions and if the
local authority has concerns about the safety and wellbeing of the children involved in the
performance.
If a local authority decides not to grant a BOPA it is best practice they write to the
organisation stating the reasons for refusal.

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54
SECTION 5
CHAPERONES
Regulation 15
(1) A licensing authority must approve a person to be a chaperone to (a) have care and
control of the child; and (b) safeguard, support and promote the wellbeing of the child
whilst the child is taking part in an activity, performance or rehearsal or whilst the child is
living elsewhere than the place the child would otherwise live during the period to which
the licence applies.
It is NNCEE view and considered best practice that children performing under an exemption
i.e. 4 day rule or under a BOPA should be cared for by a chaperone approved by the local
authority. Whilst acknowledging there is no legislative requirement, NNCEE take the view
that all children deserve the same standard of care irrespective of the number of days they
are performing. Arguably children performing under the 4 day rule are less experienced and
therefore need more help, guidance and supervision. NNCEE believes that is best provided
by registered chaperones.
The exception would be if the child were being cared for by a parent or a teacher who
would ordinarily provide the child's education.
It is acknowledged that a parent has the right to care for their child, however in NNCEE's
view it is preferable that an approved chaperone who has received training in child
protection and performance legislation is employed to care for a child. This is particularly
relevant in the professional setting when the chaperone will also have a working knowledge
and experience of the production process.

Best Practice
Registered chaperones are of great benefit to production companies, helping them to
ensure they do not inadvertently contravene the regulations. Experience has shown
that parents can be ‘star struck’ and fail to adequately supervise their child as they are
unaware of the requirements of the regulations

This section will cover how to approve a chaperone and the processes involved, the role of
the chaperone together with their duties and responsibilities and will provide suggested
working practices for chaperones.
Approval process
Application
A person wishing to be approved as a chaperone should apply to the local authority in which
they reside. This is longstanding best practice adopted by local authorities across England
and Wales.

55
The legislation states a licensing authority must approve a person to be a chaperone to have
care and control of a child and to safeguard, support and promote their wellbeing, however
it does not detail what the approval process should be.
NNCEE together with the Department for Education and the sector (as per Examples of Best
Practice – Child Performance and Activities Licensing by Local Authorities in England)
consider the following to be the minimum requirements when approving a chaperone.

 The licensing authority carries out an Enhanced DBS check of all individuals applying
to be approved as a chaperone
 An comprehensive application form is completed
 The application is supported by two verifiable references from people who are not
known solely to the applicant through the organisation for which they wish to
become a chaperone
 The applicant should be interviewed by the local authority as a means to assess
their suitability and competency for the role but also so that the local authority may
explain the expectations of being a local authority approved chaperone. This
interview may take place on a 1:1 basis or through a structured training programme
as determined by the local authority concerned.
 The local authority should provide training for applicants. Local authorities who
receive small numbers of applications might consider sharing the provision of
training with neighbouring local authorities to increase availability of access to
training in a cost effective way.

In addition to the above minimum approval requirements local authorities may carry out a
check of their Children's Social Care database to review any information held on the
applicant. Information held may inform the decision whether to issue an approval or not.
It is worth stating a person should not be approved as a chaperone via a solely paper
based/on line process; there must be an element of face to face contact.
Training
Local authorities will take different approaches to ensuring a chaperone receives the
required training e.g. a combination of on line training and 1:1 interview, a group training
session or sessions. However the training should at least include the following:

 The legal requirements e.g. the earliest and latest time at place of performance or
rehearsal, maximum performance times, breaks, accommodation requirements
 The role of the chaperone – what is expected of the chaperone and their purpose as
set out in legislation (areas where judgement is needed for example in relation to
the ratio of children to chaperone which should take into account variables such as
the gender and age of the children to be supervised; the physical considerations of
the performance area)
 Record keeping

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  Child protection – signs to look out for when a child is distressed or fatigued and
referral procedures within and beyond the production company on issues of
wellbeing. Moreover in the rare situations where abuse is suspected, how to act and
whom to inform
Chaperones who intend to work in a professional setting e.g. film, television or professional
theatre will require additional training. This may cover:

 The production techniques and requirements of major theatre, TV or film

productions and requirements on "location"
 Key aspects of child developments for example attachment, cognitive abilities
(ability to consent), conformity (sensitivity to overt pressure), emotional
vulnerability (sensitive topics such as body image), effect of anxiety and fatigue and
non-verbal communication
It is acknowledged that in many cases licensing officers will not have the knowledge or
experience, particularly in respect of the technicalities of the production process, to offer
the required level of training to professional chaperones. When chaperones register with
an agency very often they are required to complete the agency's own training course and
will shadow an experienced chaperone prior to taking on solo engagements.
Issuing an approval
When the licensing officer has inspected the DBS certificate, received satisfactory
references and, following interview and training, is confident the person is suitable and
competent to care for children in accordance with regulation 15, they may issue an
approval.
The approval, showing a photograph of the chaperone, is normally issued for a period of 3
years from the date of the DBS clearance.
It is best practice for the local authority to hold a list or register of the chaperones they have
approved. When an application for performance licence is received and the name of the
chaperone and the local authority who has approved them is stated, the licensing authority
is able to contact that authority and satisfy themselves the chaperone has been approved to
care for and safeguard children. This avoids the duplicate checking and approving of
chaperones and removes unnecessary repetitive work for local authorities.
Refusing an approval
A local authority may refuse to approve a person as a chaperone for a number of reasons.
DBS – records disclosed
The applicant should be interviewed by the licensing officer or their manager to obtain full
details of the offence and the circumstances.
The decision to approve will be determined by the information given at interview together
with recognised procedures for the Employment of Ex-Offenders.

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Example

An applicant was charged/cautioned with Criminal Damage for defacing a flagstone

(graffiti) 25 years ago when they were 17 years old. Consideration should be given as to
whether this offence which happened 25 years ago currently presents a safeguarding
risk to the children who would be under the care of the applicant. If not the application
should proceed.

Example

An applicant aged 45 was arrested and charged for the Supply of Drugs when he was 18
years old. Consideration needs to be given to the length of time that has passed and is
this sufficient to allow the application to proceed. An offence of this nature is likely to
carry too great a risk to be dismissed and the local authority would be vulnerable to
challenge should anything untoward come to light subsequently.

Unsatisfactory reference
A referee may express concerns about an applicant's suitability to care for children or may
have knowledge of an allegation or disciplinary issues.
The licensing officer or their manager may consider contacting the referee for further
information. It may be decided to interview the applicant.
The decision to approve will be determined by the information given at interview and be in
line with Working Together to Safeguard Children 2015.
Information held on Children Social Care Record
The applicant should be interviewed by the licensing officer or their manager to obtain a full
account of the circumstances.
The decision to approve will be determined by the information given at interview.
Other circumstances
There may be other circumstances when a local authority may consider refusing to approve
a person as a chaperone, for example there may be health issues or a disability that need to
be considered. The type of disability together with the location where they intend to act as
chaperone will influence the local authority decision. However care must be taken not to
discriminate and it may be that an approval can be granted with conditions attached.
Example

An applicant had early stages of an illness that meant she was confined to a wheelchair
in the main but was able to stand for periods of time. She had a great affinity with
children and was well respected but was not mobile.
An approval was given on a production by production basis with the condition that the
venue had sufficient space to take a wheelchair into the backstage area and dressing
room and was based on the ground floor area.

58
A person may not have demonstrated the required skills, knowledge or understanding of
the role during the training session and a 1:1 interview should be held to address this.
If a local authority refuses to approve a person as a chaperone they should confirm the
reasons for the decision in writing.

The Role of the Chaperone

The chaperone is the key person who protects, safeguards and supports the child. They are
the point of safety a child can turn to and rely on should the need arise. The chaperone has
a major part to play in ensuring that the child's experience is enjoyable and beneficial.
It is essential that the chaperone not only fully understands their responsibility and
obligation to the child but has a thorough understanding of the performance legislation and
a working knowledge of the production process and requirements of the particular genre
they may be working in. They must realise and understand the extent of their authority and
use that effectively to protect and benefit the children in their care.
Except when a child is in the care of a tutor, the chaperone is in loco parentis and should
exercise the care a good parent might be reasonably expected to give a child.

Best practice from a broadcast company

We employ a Senior Chaperone who is able to work alongside scriptwriters and
directors to talk through any upcoming storylines. She can then in turn work with the
young actors and other chaperones to provide continuity of care and support. She is a
very experienced chaperone herself so is able to nurture and train new chaperones in
best practice.

Duties and responsibilities

Subsection (3)(a) states that the maximum number of children a chaperone may supervise is
twelve. However, after taking into account the ages and gender of the children the local
authority may consider that the chaperone can only effectively look after a smaller number.
The type of performance and location will also impact on the number of children a
chaperone can care for. If the licensing officer is concerned about the proposed number of
chaperones on duty they must discuss the arrangements with the applicant and agree the
required number.
The chaperone should remain with the child at all times; they must accompany them to and
from the dressing room, school room, studio, set or stage as well as remaining in the studio,
on set or by the side of the stage whilst the child is performing. They must have the child in
view at all times.
The chaperone must also remain with the child during meal and rest breaks and during any
recreation breaks. If the child is staying away from home the chaperone must stay with
them at the lodgings.

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Arrangements for handing over responsibility for a child e.g. between parent and
chaperone, chaperone and tutor or chaperone and chaperone will vary according to the
circumstances, however it is important to ensure there is never a time when it is unclear
who is responsible for the child.
If there is more than one chaperone on duty it must be absolutely clear both to the children
and other relevant people which chaperone is supervising which children.
The chaperone's first duty is to look after the children in their care and they must not
undertake any other duty e.g. they cannot be involved in technical aspects of the
production, direction or be taking part in the production.
Chaperones must understand and be aware of the dangers of becoming involved in a
'conflict of interest'. Production may exert pressure on the chaperone to agree to
something which may not be in the child's best interests. Whilst this is more likely to
happen within the professional arena there is nothing to say it will not occur in the amateur
sector.
Record keeping
Regulation 11 states the licence holder must keep certain records for each child and very
often it is the chaperone who will be asked to complete the Daily Record sheet. The
information which must recorded is detailed below.

 The date
 The time of arrival at the place of performance or rehearsal
 The time of departure from the place of performance or rehearsal
 The times of each period during which the child took part in a performance or
rehearsal
 The time of each rest interval
 The time of each meal interval
 The time of any night work authorised by the licensing authority under Regulation 28
of the Children (Performances and Activities) (England) Regulations 2014
 Where arrangements are made for the education of the child by a private teacher,
the date and duration of each lesson and the subject taught
 Details of injuries and illnesses (if any) suffered by the child at the place of
performance or place of rehearsal, including the dates on which such injuries
occurred and stating whether such injuries or illnesses prevented the child from
being present at the place of performance or place of rehearsal
 Any incident regarding the child’s welfare or treatment causing concern
 The dates of the breaks in performances required under regulation 27(1)of the
Children (Performances and Activities) (England) Regulations 2014

An example Daily Record sheet is included here, however chaperones will find numerous
variations in use.

(link to Index)

60
Working practices for chaperones
Discussion with chaperones has shown that whilst the training delivered in terms of
performance legislation and child protection was comprehensive, additional information
regarding the practicalities of doing the job would be useful.
The following points can form a useful checklist for chaperones and licensing officers may
wish to incorporate some aspects into their chaperone training sessions.
Do's and Don'ts for Chaperones
Venue Checklist

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61
SECTION 6
INSPECTIONS AND ENFORCEMENT
The local authority has responsibility for enforcement of the licensing requirements and has
a number of powers (section 28 1933 Act) to carry out inspections to ensure a child's
welfare is maintained.
It is essential that local authorities recognise this statutory duty and fulfil their safeguarding
responsibility towards children taking part in performances, paid sport and modelling.
A piece of paper i.e. the licence does not protect the child and it is only by carrying out
unannounced inspections that that a local authority can be sure that licence conditions are
met and children are protected.
Making an inspection
An authorised officer of the local authority can carry out an inspection at venues and
locations within the local authority boundary. The authorised officer cannot carry out
inspections at venues within another authority's boundaries even if children from the said
officer's authority are taking part. The inspecting authority may invite a child licensing
officer from a neighbouring authority to accompany them on an inspection if they so wish.
How to carry out an inspection
The following section will give tips and hints on how to prepare for an inspection, what to
inspect and observe, what questions to ask and how to write a report
Preparation before the inspection
It is important that the inspection is unannounced, do not phone to make an appointment.
If the date and time of the inspection are known it is very likely that all will be in order. You
will get a far better picture of what is going on if you are not expected.
Decide when you should go.
First you need to decide whether you will go on your own or whether to take an assistant. If
there are large numbers of children involved it is easier with two people. It can be useful to
have a second person present to corroborate findings particularly if there are issues to be
resolved. It is important that you are aware of and follow your Lone Working policy.
Fora stage performance you could arrive an hour to an hour and half before curtain up. You
would then see the arrival and signing process and would see everyone in the dressing
rooms.
You could arrive during the interval. You would catch everyone in the dressing rooms, be
aware of how the performance was going and stay to observe the signing out and collection
system.
Don't always go for matinee performances. Aim to inspect out of office hours if possible,
evening and weekend inspections send the message that inspections can happen at any

62
time. Production will expect that a visit might occur between 9am and 5pm. Experience
shows that visits at unexpected times, 9pm on a Friday or over the weekend provide most
evidence of shortcomings. Unpredictability in carrying out inspections is an excellent tool to
ensure safeguarding responsibilities and licence conditions are being met.
For a broadcast performance if you arrive around lunch time the crew are likely to be more
willing to talk and you will have more chance to meet all the children.
Arriving mid-afternoon can often be good as it encourages productions to 'wrap' at the
correct time. You may need to be prepared to stay to ensure children are finished at the
correct times. If there are very young children involved midday is a good time as they will
either be almost finished or just arriving.
The above suggestions are from licensing officers experienced at carrying out inspections,
however they are general guidelines only.
You will need to take the following with you –
Your ID badge and authorisation
Inspection report checklist – You may find it useful to complete some parts of the report
prior to the inspection e.g. list of children alphabetically by first name and local authority,
list of chaperones and their local authority
Copies of the children's licences
List of names and contact numbers of colleagues from other licensing authorities who have
issued licences
A copy of the performance regulations
Spare Daily Record Sheets
Full address of venue/location including postcode
Contact details for licence applicant
You may also find the following useful –
Copies of entertainment leaflets together with your contact details to hand to parents –
source of useful feedback
Boots/raincoat/umbrella/gloves dependent on location, time of day or time of year
Ensure you are wearing appropriate clothing; flat shoes (no 'clicky' heels), dark clothing for
stage productions, ensure nothing can get caught on equipment

When you arrive

For theatres go direct to the 'Stage Door' check in with security and ask for the Company
Manager, the Head Chaperone or to be shown to the children's dressing rooms. Ask for the
Company Stage Manager to be informed you are present.
For locations follow the signs for 'Loc' or 'Unit Base' check in with security, ask for the
production office and the applicant named on the licence. If the applicant is not there ask
for the 2nd Assistant Director as they usually have responsibility for the children.
(link to Index)

63
Who you need to see
Most important – the children.
Introduce yourself to the children, explain who you are and why you are there i.e. you are
there for them and to check they are OK and having a good time. Remember to smile!
Check the children to your list of licences and ensure that the correct child is present. Ask
each child their name, don't take production or the chaperone's word for it.
You are there to check they are happy, healthy, have all they need and are enjoying
themselves. Talk to them and show an interest. Ask them what they are doing, how
previous performances have gone, what time they arrived, how much time they have spent
rehearsing. If you show an interest the children will talk to you and they are usually able to
give you a good idea of what is going on.
The Chaperones and Parents and Tutor
Introduce yourself to the chaperones and any parents who are present.
Check all the chaperone licences, noting the local authority who issued and the expiry date.
Check if there are any DBS checked additional helpers.
Clarify which children the chaperone is responsible for and check there are sufficient
chaperones for the number of children present
Talk to the chaperones about fire exits, first aid and check what information they are
holding
Observe what is happening, how good is the supervision and note what you see
Introduce yourself to the tutor if available
Ask to see what work the children are doing, check tutoring record sheets to ensure the
correct amount of tuition is being given at the appropriate time
Talk to the tutor and give your contact details should they wish to speak to you later in
confidence
The licence applicant, 2nd Assistant Director
Find out what the children are being asked to do, ask production to explain what is required,
when and where.
Observe how they interact with the children

What you need to see

The Licences
You need to see the production copies, ensure there is a licence for every child and check
the details.
Take the details of any children performing under an exemption i.e. 4 day rule

64
Daily record sheets
Ask to see the records of today's timings, preferably the ones the chaperones are
completing in real time. Check they are complying with the regulations.
Look at the previous days' records, check the arrival and departure times, suitable breaks in
accordance with age
Facilities
Check the dressing rooms are big enough, not too hot or too cold and are clean.
Make sure there are blinds at the windows.
Ensure that dressing rooms are separate from the adults and that adults are not passing
through or walking into the children's room.
Check the school room is suitable and the children have all they need in terms of resources.
Check the toilets are clean, working and sufficient in number and are designated for
children. If there are no separate toilets check what procedures the chaperones have in
place.
If 'quick change' areas are being used check how this happens, when and where and can the
child be viewed by others.
If the children are using the 'green room' check the arrangements e.g. are adults using the
room too?
Check out the arrangements for meals and refreshments. Are the children getting the
required breaks, what happens between matinee and evening performances, are the
children suitably chaperoned? For broadcast performances are the children getting 1 hour
meal break, is the food provided suitable, are suitable drinks and water available?
Check what first aid/medical provision is available, and if trained staff will be on duty; on
film sets there is usually a paramedic on site.
How to deal with problems
An unlicensed child – can you verify if a licence has been issued by contacting the local
authority? This should be possible if the inspection is taking place during working hours. If
you are unable to verify then you must consider sending the child home. Bear in mind that
your local authority may be deemed complicit if the unlicensed child has an accident and
will not be insured.
Working beyond permitted hours – discuss with production and the chaperone to ascertain
the reason why. It may be possible to use chaperone discretion (Reg. 29) if appropriate.
Otherwise insist the child finishes at appropriate time. This will need following up in your
report.
Chaperones – if there are not sufficient numbers present then you must speak to production
and insist that additional chaperones are found as soon as possible.

65
Parents – ensure that a parent is only caring for their own child. Other people's children
must be under the care of a chaperone. In some instances a parent may be looking after 2
or more of their own children; depending on their ages and their individual roles in the
performance it may be you will need to insist on a chaperone as the parent cannot be in two
places at the same time.
Advise production of the problems you have encountered and how they have been or need
to be resolved. If appropriate advise them they are in breach of the regulations and you
have a duty to inform the child's local authority who may take legal action.
General points to note
Observation is key when making an inspection; spend as much time as you can watching
what is going on and how the children are reacting to the chaperones and with other key
people. Accompany the chaperones as they do their job and stand with them while the
children are on stage or on set.
Write as many notes as possible from your observations. Make a note of the times children
went on and off stage or set, arrival and departure times, breaks. Write down the names of
the people you speak to, clarify spelling and their role. Ensure you have the names of the
children, their dates of birth together with the names and details of the chaperones on duty
and the names of parents with children.
Ask for a spare copy of the call sheet when making a broadcast inspection; it usually has
useful contact information together with the producers name so you write to them should
there be a problem.
Write up your report as soon as possible afterwards.
Writing an inspection report
Local authorities tend to use a similar report template which is a comprehensive list
covering all aspects of the inspection.
The report must be accurate, it is a legal document and may be used as evidence in the
event of any legal action. It should be as detailed as possible and should give the licensing
authority a flavour of what was happening on the day, remember that you are inspecting on
their behalf.
The report should include the details of all the children, the chaperones and parents. It is
acceptable to state Yes/No to the more basic questions, however you should expand details
where possible and in the comments sections you should detail where you went, what you
did, who you spoke to, what you saw etc.
You should note any concerns you have and why. You should include any actions that were
taken on the day and any actions that need to be taken in future. It should be clear who
needs to ensure these actions are implemented.
A copy of the report should be sent by secure email to all the licensing authorities with
children involved in the production.

66
A copy together with a covering letter should also be sent to the licence applicant/producer.

Other means of enforcement

Daily Record Sheets
See Section 2 Regulation 11
Parental Feedback
Feedback from parents, both good and bad is a valuable source of information. It is best
practice for local authorities to build in requests for feedback when forwarding a copy of the
performance licence.
The feedback does not have to be restricted to the actual performance, it can include the
licensing process. However parents could be asked for comments on how their child was
treated, what hours they worked, what the facilities were like.
It is acknowledged that response rates to this type of request are not high, however in some
instances it can highlight issues that the licensing authority will need to address with the
production.

(link to Index)

67
SECTION 7
ABSENCE FROM SCHOOL
It is important that licensing officers are clear on the different sections of legislation which
have a bearing on absence from school to take part in a performance, activity or paid sport.
The legislation covering this are:
Children and Young Persons Act 1963 s 37(4) and 37(7)
The Education (Pupil Registration) (England) Regulations 2006 Reg.7
Section 37(4) of the 1963 Act states that a local authority shall not grant a licence for a child
to do anything unless they are satisfied his education will not suffer.
Section 37(7) of the 1963 Act states a licence shall specify the times during which the child
may be absent from school for the purposes authorised by the licence and for those times
specified the absence shall be deemed to be authorised by a person authorised in that
behalf by the managers, governors or proprietor of the school.
This is further clarified by Department for Education advice 3.2.1 which states: In
accordance with section 37(7) of the 1963 Act, where a licence is issued and it specifies the
dates that a child is to be away from school to perform then the child's absence from school
is deemed to have been granted such that permission is not needed from the school.
There are a number of working practices currently in operation across the country to
determine whether a child can be absent from school to take part in a performance. The
licensing authority must be sure that the child's education will not suffer before issuing a
licence and the child's school would be best placed to advise them on that issue.
However when giving advice the school must look at the individual child. They cannot adopt
a generic policy, for example:
'It is this school's policy not to allowed time off for performances'
'If attendance has fallen to 94% we will not allow any further absence'
'School does not consider taking part in a performance as an 'exceptional circumstance''
They must look at the individual child in terms of attainment and attendance and if they
believe the child's education will suffer they must provide written evidence to that effect
e.g. slipping grades, missing homework, inability to catch up on work, additional support
currently in place. The licensing authority will make a decision, based on this evidence,
whether to refuse to issue a licence.
Licensing authorities should bear in mind that section 37(4) states that if they are satisfied
the child's education will not suffer they shall not refuse to grant a licence. Therefore if the
school cannot provide evidence or the local authority is not convinced by their evidence or
objections they must issue a licence, if they are satisfied with all other aspects of the
application.

68
Very often a letter from the school will accompany the application for licence, however
when this is not the case the licensing authority should approach the school.

The Education (Pupil Registration) (England) Regulations 2006 Reg.7

Regulation 7(2) states: Leave of absence shall not be granted to enable a pupil to undertake
employment (whether paid or unpaid) during school hours except—

(a)employment for the purpose of taking part in a performance within the meaning of
section 37 of the Children and Young Persons Act 1963(1) under the authority of a licence
granted by the local authority under that section;
The above is further explained by Department for Education advice 3.2.3 which states:
For local authority maintained schools and special schools not maintained by the local
authority, a child may not be absent from school in order to perform or to take part in paid
sport or modelling unless a licence has been obtained from the child's local authority. In
practice, this means that unless the performance or activity is taking place outside of school
hours (for example at a weekend or during school holidays), a child may not rely upon one
of the exemptions in section 37(3) in order to perform as the head teacher may only
authorise absence for a child to take part in a performance or activity for which a licence has
been obtained.
However –
Regulation 7(5) states: This regulation (i.e. Regulation 7 in its entirety) applies only in
relation to a maintained school and a special school not maintained by a local education
authority.
This means if he so choses, the head teacher of an independent school, academy or free
school is able to authorise absence to take part in a performance irrespective of whether a
licence has been issued.

The following table sets out the circumstances when absence from school may be permitted
under the exemptions in section 37(3).

Type of school Exemption Can absence be authorised?

Local authority maintained 4 day rule No – a licence will be
school required
Special school not 4 day rule No- a licence will be
maintained by the local required
authority
Independent school, 4 day rule Yes- if the head teacher
academy or free school choses to do so
Local authority maintained BOPA No – a licence will be
school required

69
Special school not BOPA
maintained by the local
authority
Independent school, BOPA
academy or free school
No – a licence will be
required
Yes- if the head teacher
choses to do so

(link to Index)

70
SECTION 8
MUSIC HUBS
The introduction of the Children (Performances and Activities) (England) Regulations 2014
and supporting guidance have made clear when a performance is given under arrangements
made a school. See Section 1 Page 10 – Performances given under arrangements made by a
school.
This has meant that an array of performances which were previously incorrectly considered
to be a 'school' performance are not exempted under section 37(3)(b) of 1963 Act and fall
under child performance regulations.
Section 1.3.6 of the Department for Education Advice 2015 makes it clear that section
37(3)(b) of the 1963 Act only applies to 'schools' within the meaning of relevant Education
Acts. This would not include Music Hubs, local authority Music Services, Arts Councils and
other third parties, so performances arranged by them cannot be exempt under that
section. Therefore the organisation must apply for the appropriate licence or exemption.
It is usual for performances of this nature that neither the children are paid nor anyone else
is paid in respect of the children taking part. Therefore providing there is no absence
required from school for rehearsals or performances a Body of Persons Approval would
seem to be the most appropriate way forward for these organisations. See Section 4 Body
of Persons Approval.
Organisations have been encountering problems when they are seeking to take children out
of school normally for a day or an afternoon; a performance licence will be required where
these circumstances apply.
As stated elsewhere in this guidance a BOPA does not authorise absence from school.
However this does not apply if the child attends an academy, independent or free school
where if he so chooses the Head teacher may authorise absence for a child to take part in a
performance under a BOPA. If the child attends a local authority maintained school and
absence from school is required to take part a licence is required.
Unless there is a change to current law licensing authorities have no option other than to
follow what is laid down in legislation and guidance.

(link to Index)

71
Acknowledgements
The writing and completion of this guidance would not have been possible without the
contribution and support of a number of people. It is only right that I acknowledge their
work, their experience in this field of work and their sound advice.
My thanks to the NNCEE committee for their involvement in the initial preparation and
information gathering for this document and their continued support and commitment to it
throughout.
My thanks to Ian Hart OBE for the initial groundwork at the start of this project, his
subsequent advice, support and feedback.
My thanks to Joanne Booth for the examples of best practice she provided together with her
knowledge and experience of carrying out performance inspections.
Acknowledgement also goes to colleagues and organisations who were involved in the
sector led document 'Examples of Best Practice – Child Performance and Activities Licensing
by Local Authorities in England' a number of whose examples have been included in this
guidance.
I should also like to acknowledge the support received from the Department of Education,
with much of the Department's advice issued in February 2015 being included in this
guidance.
Finally many thanks to my manager and senior management at Lancashire County Council
for allowing me to become involved in NNCEE and for their unstinting support and
encouragement to the production of this guidance.

Disclaimer
This guidance has been written based on experience and good practice from officers
working in the field; it reflects good, sound advice based on practical experience. It should
not be taken as providing an authoritative interpretation of the Acts or regulations as that,
ultimately is a matter for the courts. NNCEE cannot be held legally responsible or liable for
any losses or otherwise to local authorities, organisations and persons arising from
interpretation of this guidance.

(link to Index)

72
NNCEE TABLE
 NOTIFICATION OF NON-LICENSED PERFORMANCES
FOR COUNCIL CHILDREN
Information on child/children taking part in a performance without a licence, in accordance with Section 37(3)(a)
of the Children and Young Persons’ Act 1963. Even though a licence is not required, there is a requirement for
you to comply with the Regulations of a licensed performance under the Children (Performances and Activities)
(England) Regulations 2014.

DETAILS OF PERFORMANCE
Name of performance
Type of performance No. of performance days
(dancing, singing etc.)
Date(s) of performance(s) Time(s) of performance(s)
Venue name & address

Will a charge be made for admission? Yes / No

Will the child or any other person receive a payment or expenses for the Yes / No
performance?
There must be sufficient appropriate adults (preferably approved chaperones No. of females
and/or DBS Enhanced cleared adult helpers) who will look after the children’s
No. of males
welfare and wellbeing at all times during the performances.
DETAILS OF PRODUCER
Name
Name of Organisation
Address

Post Code:
Tel. No. Email:
DETAILS OF INFORMANT
(if different from above)
Name
Name of Organisation
Address
Post Code:
Tel. No. Email:

I hereby certify that this statement is correct to the best of my knowledge and belief and includes all children who
are residents of Council only.
Signature of Informant:…………………………………………………………… Date:……………………………………………………………

Print Name:…………………………………………………………………………………………

Child Employment and Entertainment Officer,

ALL COLUMNS MUST BE COMPLETED

Name of Child DoB or M Address Post School No. of days

age Code* child
or
performed
F during past
6 months –
licensed or
unlicensed

THIS NOTIFICATION SHOULD INCLUDE CHILDREN RESIDING IN COUNCIL ONLY.

ALL COLUMNS MUST BE COMPLETED

(link to Index)
 EXEMPTION LETTER ISSUED

Phone:
Mob:
Email:

Your ref:
Our ref:
Date:

Dear

EXEMPTION FROM PERFORMANCE LICENCE

SECTION 37 – CHILDREN AND YOUNG PERSONS ACT 1963

Thank you for providing information for your forthcoming production, details of which are shown below. Based
on the information you have submitted in respect of this production I confirm that the (name of local authority)
children on the attached list are exempt from performance licences on this occasion.

As the organiser of the production you remain responsible for ensuring that the children’s welfare and health and
safety during the production is appropriate, including adequate supervision by suitable adults at all times. In the
interests of safeguarding children, Approved Chaperones who have been Enhanced DBS cleared and registered
should preferably be used.

Please ensure that this letter is available during the performance(s) in the event of an inspection by the Local
Authority and that approved chaperones that are on duty have their licences with them. Good luck with the
production and please feel free to contact me if you have any queries

Performance:
Venue:
Date(s):
Time(s):

Yours sincerely

Child Employment and Entertainment Officer

(link to Index)
 STANDARD APPLICATION FORM

The Children and Young Person Acts 1933 and 1963

The Children (Performances and Activities) (England)
Regulations 2014

Standard Child Performance and Activities Licence Application Form

(England)
Note: this form should be completed and submitted to the licensing authority not less than 21
days before the first performance or activity for which the licence is requested, since the
licensing authority may otherwise refuse to grant a licence.
Part 1: Information to be provided by the applicant about the performance or activities1
Title: Name:
Job title: Company:

Address:

Tel: Mobile:
Email:

1)Does your organisation have a child

protection or safeguarding policy?
b) When was this last updated?
Please insert a link or attach a copy.
Note: it is best practice that organisations that involve children in performances, paid modelling
or paid sport have or develop a child protection policy, regularly review and update it, and
ensure that all staff and volunteers are familiar with it.

2)Name and nature2 of the performances or

activities in respect of which the licence is
requested:

3)Please provide as full a description as you

can about what the child will actually be
required to do. Include information about the
environment they will be asked to do it in,
and any other contextual information that
may help us in assessing the potential risks,
physical, emotional or psychological, to the
child3.

4)If you have completed a risk assessment please attach it to this application.
See the sector led best practice guidance for further information about risk assessments.

1
Schedule 2 Part 2 of The Children (Performances and Activities) (England) Regulations 2014 sets out the information to be
provided by the applicant about the performance or activities.
2
E.g. theatrical, musical, dancing, filming, sport, modelling
3
It should not be necessary to provide a script – the description of the activity and context is more important.
 5)Place of activities, performances and
rehearsal for which the licence is requested,
including any periods on location:

6)The dates and times of activities,

performances or rehearsals for which the
licence is requested:
If the dates are not known at this time4,
please provide the number of days and the
period during which it is requested that a
child may take part in activities,
performances or rehearsals.

7)The expected total running time or duration

of activities or performances (including any
rehearsal) in respect of which a licence is
requested:

8)The approximate duration of the child’s

appearance in the performance or activity:

9)The amount of night work (if any) for which approval is being sought and please state:
a) the approximate number of days5:
b) the approximate duration on each day:
c) the reason that the performance must
take the form of night work6:

10) a) The sums to be earned by the

child in taking part in the
performance or activity:
b) The name, address and description7
of the person to whom or to which the
sums are to be paid (if not to the child
in question):

4
This might be because the filming schedule cannot be fixed in advance, or the activity is dependent on weather conditions.
See paragraph 1.7.2 of the advice issued by the Department for Education.
5
For these purposes any performance taking place after midnight and before the earliest permitted hour counts as an
extension to the previous day. E.g. if the child performs on Tuesday and then performs after midnight, in the early hours of
Wednesday, that counts as one day (Tuesday).
6
The local authority may want assurance that there is a good reason why the child is asked to take part in a performance or
activity at night.
7
i.e. if it is an individual what is their relationship to the child, or is it a company or organisation and if so, what is their
relationship to the child?
11) Where a licence is requested in respect of
a performance, the proposed
arrangements for any rehearsals prior to
the first performance for which a licence is
requested. For each rehearsal please
state the date, the place, and the
approximate time and duration:

12) The days or half days on which leave of

absence from school is requested to
enable the child to take part in the
performance, rehearsals or activity:

13) Proposed arrangements (if any) for the education of the child during the period for which the
licence is requested stating -
a) Where the education is to be provided
by a school, name and address of the
school:
b) Where the education is to be provided
other than by a school:
i. name, address and qualification of the
proposed teacher;
ii. the place where the child will be
taught;
iii. the proposed course of study;

iv. the number of other children to be

taught at the same time by the same
teacher and the sex and age of each
child;
v. whether the child is to receive the
amount of education in accordance
with regulation 13(3)(e) of the Children
(Performances and Activities)
(England) Regulations 2014
14) The name and address of the proposed
chaperone, or the name and address of
the parent or teacher who will have care of
the child:

15) The name of the local authority or (in

Scotland) the education authority (if any)
which has previously approved the
appointment of the chaperone:

16) The number of children to be in the charge

of the chaperone during the time when the
chaperone will be in charge of the child
and the sex and age of each child:

17) The address of any accommodation where

the child will live, if different from the place
 where the child would ordinarily live, the
number of other children and details of the
chaperone (if any) who will live in the
same accommodation:

18) a) Approximate length of time

which the child will spend
travelling to and from the place
of performance, rehearsal or
activity each day:
b) Arrangements (if any) for transport
there:
c) Arrangements (if any) for transport
back:

19) The name of any other local authority, or in

Scotland, any education authority to which
an application has been made for another
child to take part in performances or
activities to which the application relates (if
not known at the time of application, to be
provided when known):
Note: this will help the relevant local authorities to take a consistent approach.

(link to Index)
Part 2: Information to be provided by the applicant in relation to the child
Note: the applicant will usually need to obtain this information from the child’s parent, and a
parent of the child needs to sign the completed form, but the form should be submitted by the
applicant (unless the parent is also responsible for organising the activity or production). See
regulation 4 of the Children (Performances and Activities) (England) Regulations 2014.

1)Child’s name:

2)Child’s home address:

3)Child’s date of birth:

4)Name and address of the school the child

currently attends:
OR
If the child is not attending school, the name
and address of the child’s private teacher:

5)Details of each licence in relation to the child granted during the twelve months preceding the
date of the application by any local authority, or in Scotland, any education authority, other
than the licensing authority to which this application is made8, stating -
a) The name of the authority:

b) The date the licence was granted:

c) The dates and nature of performances

or activities:

8
This will only be relevant if the child has moved between authorities in the last 12 months.
 6)Details of each application in relation to the child for a licence refused by any other authority
in the last 12 months, other than the licensing authority to which this application is made,
stating -
a) The name of the local authority or
education authority:
b) The reasons (if known) for the refusal to
grant a licence:

7)Details of any performances for which a licence was not required9 in which the child took part
during the previous 12 months, stating -
a) The date of the performance:

b) The number of days of performance:

c) The title of the performance:

d) The name and address of the person

responsible for the production:

8)Dates (if any) on which the child has been

absent from school during the twelve
months preceding the date of the
application by reason of taking part in a
performance or activity:

9)Amount of any monies earned by the child

during the last twelve months, stating
whether the monies earned were in respect
of performances or activities for which a
licence was granted or a performance for
which a licence was not required:

9
By virtue of section 37(3) of the Children and Young Persons Act 1963
Medical declaration to be completed by child’s parent
Does your child have: If yes please provide details including any treatment or
(answer yes or no) medication:
Asthma
Any allergies
Any skin conditions
Hearing impairment
Visual impairment
Any learning disability
Any physical disability
Any medical conditions?
Taking any regular
medication(s)?
Been to see or had a referral
to a hospital consultant in
the last 6 months?
I confirm that I have parental Signature of parent:
responsibility10 for this child.

Print Name:

Postal Address (if different

from child)

Parents Email Address

Parents Telephone No.

Date:

I certify that to the best of my knowledge the details in this application are correct. I
hereby apply for a licence under section 37 of the Children and Young Persons Act 1963:

Signature of applicant:
(To be signed by person
named on page 1)
Date:

I attach the following:

(a) A copy of the child’s birth certificate (scanned copies are acceptable – please do not
send original hard copies)11;

10
As defined within section 3 of the Children Act 1989, ‘parental responsibility’ means all of the rights, duties, powers,
responsibilities and authority which by law a parent of a child has in relation to the child and his property.
11
In the exceptional circumstance where the child’s birth certificate cannot be provided as part of the application (e.g.
because they don’t have one) the licensing authority may accept alternative evidence.
 (b) Two identical prints (un-mounted) of a photograph of the child taken during the last 6
months or an electronic likeness (e.g. a jpeg file)12;
(c) A copy of the contract, draft contract or other documents (where they exist) containing
details of the agreement regulating the child’s participation in the performance or activity
to which this application relates.

Notes:
1) Electronic versions of this form and electronic documentation are acceptable, including
signatures.
2) You should ensure that the parent/guardian and the chaperone are given a copy of the
whole completed form, which you submit to the local authority.
3) Any person who fails to observe any condition subject to which a licence is granted or
knowingly or recklessly makes any false statement in or in connection with an application
for a licence is liable to a fine not exceeding £1000 (level 3 on the standard scale) or
imprisonment for a term not exceeding three months or both (section 40 of the Children
and Young Persons Act 1963).

12
The image must not be altered or enhanced in anyway. It should be a full head shot taken in good light.

(link to Index)
Guidance for completing a Child Performance and Activities Licence Application Form

This guidance has been produced to assist you in completing the Child Performance and Activities Licence
Application form; full and accurate completion of the form will enable the local authority to process the
application and issue a licence as efficiently as possible.

The application form has been approved by the Department for Education. It is accepted by all councils and
should not be altered in any way.

The applicant should complete Part 1 of the form. It should be forwarded to the parent to complete and sign Part
2. It should then be returned to the applicant who, having full details of the child including any medical
conditions they should be aware of, should sign the application form on Page 7.

The completed form together with a copy of the child's birth certificate, 2 photographs of the child taken within
the last 6 months, a copy of the contract( if issued) and a letter giving permission for absence from school (if
applicable) should be emailed to the local authority where the child resides.

All questions on the form must be answered.

Questions that require particular attention:

Question 3. Ensure a full description is included. This information is required to ascertain what conditions if any
need to be included on the licence.

Question 5: Ensure that the name of the venue and full address including postcode is entered. If the location
does not have a postcode i.e. beach/park provide the postcode of the nearest building or where the unit base will
be located.

Questions 6, 7 and 8: Clearly state the dates and time of day the child will be performing. Stating "within
permitted hours" is not acceptable. If specific dates are not known a start and end date (not exceeding 6 months)
should be entered with the number of days required within that period.

Questions 14 and 15: State the name and address of the chaperone and the name of the local authority who has
approved them.

Declarations: The applicant applying for the licence must sign and date the form on Page 7. The parent must sign
and date the form following the medical declaration.

Please note failure to answer all questions will delay the issue of a licence and could result in the application
being returned.

(link to Index)
 SAMPLE CHILD PROTECTION POLICY

Introduction
(Name of company/theatre) have a moral and legal obligation to ensure that, when given responsibility
for children all staff, chaperones, parents/legal guardians and volunteers accept their responsibilities to
safeguard children from harm and abuse. This means to ensure that everyone follows procedures to
protect children and report any concerns about their welfare to appropriate authorities.

There are three elements to our policy:-

 Prevention through awareness of each individual child’s needs.

 Definitions of Child Abuse and Neglect
 Procedures for identifying and reporting cases or suspected cases, of abuse.

The aim of the policy is to promote good practice, providing children and young people with appropriate
safety/protection whilst in the care of (Name of company/theatre) and to allow staff and volunteers to
make informed and confident responses to specific child protection issues.

Prevention
We recognise that the “entertainment industry” can be a very “adult” environment and we expect that all
staff, chaperones, parents/legal guardians, volunteers and anyone else who comes into contact with
children behave in an appropriate manner at all times, and remember that “The Welfare of the Child is
Paramount”.

(Name of company/theatre) will therefore:-

 Act within the Children’s Act 1989 & 2004

 Act within The Children (Performances and Activities) (England) Regulations 2014

 Establish and maintain an ethos where children feel welcome and familiar with their environment and
are informed of personal (toilets, dressing rooms etc) and emergency arrangements (fire exits,
meeting points etc) and any Health and Safety Procedures (Dangerous equipment, First aid etc)

 Inform each child who the appropriate person or people are to speak to if they have any questions,
problems or concerns.

 Ensure that all children are treated with respect and dignity and are treated as individuals and offered
equality of opportunities.

 Always work in an open environment (e.g. avoiding private or unobserved situations and
unnecessary physical contact with children) and involve/allow parents/chaperones wherever
possible, to take responsibility for the child/children they are responsible for. (parents must only have
responsibility for their own child)

 Recognising the individual needs of the child. eg recognising when a child may be tired and may
need a break.

 Ensure that children are supervised appropriately.

 Ensure that all Chaperones are registered with the local authority in which they reside and have an
enhanced DBS check.

 Ensure all crew and staff coming into close contact with a child are DBS checked.
 Ensure that all staff and crew who don’t necessarily have close contact with children but who are
assisting in the production are aware of their conduct around children.

Definitions of Child Abuse and Neglect

A child is abused or neglected when somebody inflicts harm, or fails to act to prevent harm. A child or
young person up to the age of 18 years can suffer abuse or neglect and require protection.

 Physical Abuse - May involve hitting, shaking, throwing, poisoning, burning or scalding,
drowning or suffocating or otherwise causing physical harm to a child.

Physical harm may also be caused when a parent or carer fabricates or induces illness in a child
whom they are looking after.

 Sexual Abuse - Forcing or enticing a child/young person to take part in sexual activities, whether
or not they are aware of what is happening, may involve: physical contact, including penetrative
or non-penetrative acts;
non-contact activities, such as involving children in looking at, or in the production of
pornographic material or watching sexual activities; or
encouraging children to behave in sexually inappropriate ways.

 Neglect - Neglect is the persistent failure to meet a child’s basic physical and/or psychological
needs, likely to result in the serious impairment of the child’s health or development. It may
involve a parent or carer failing to provide adequate food, shelter and clothing, failing to protect a
child from physical harm or danger, or the failure to ensure access to appropriate care or
treatment. It may also include neglect of, or unresponsiveness to, a child’s basic emotional
needs.

 Emotional Abuse - The persistent emotional ill-treatment of a child such as to cause severe and
persistent adverse effects on the child’s emotional and behavioural development. It may involve
conveying to the child that they are worthless or unloved, inadequate, or valued only in so far as
they meet the needs of another person. It may feature age and developmentally inappropriate
expectations being imposed on children. It may involve causing children to feel frightened or in
danger, for example witnessing domestic abuse within the home or being bullied, or the
exploitation or corruption of children.

Some level of emotional abuse is involved in all types of ill treatment of a child, though it may
occur alone

Legislation, Policy and Guidance

(Name of company/theatre) will adhere to the relevant legislation when working with
children and young people under the age of 18 years as outlined in the following:

 Children Act 1989

 Children Act 2004
 Working Together to Safeguard Children 2015

Suspicion of Abuse
 If you see or suspect abuse of a child, immediately make this known to the designated
individual/manager responsible for child protection.
Disclosure of Abuse
If a child tells you that they or another child or young person is being abused:-

• Always stop and listen straight away, show that you take their allegations seriously.
• Encourage the child to talk, but do not ask leading questions, interrupt or ask the child to repeat
itself.
• Never promise that you will keep what is said confidential or secret – explain that if you are told
something of concern that you will need to let someone know but that you will only tell the people
who need to know and can help.
• Record what you have been told accurately and as soon as possible. Use the child‘s own words.
Make a note of the time, location, whether any one else present and of the Child’s demeanour.
• Ensure that your concerns are reported immediately to the designated individual/manager
• Do not confront the alleged abuser.

Handling Allegations

• If a child makes an allegation against a member of staff it must be reported as a matter of

urgency to the designated manager/individual for child protection who will refer to Social Services
department for Children’s Services. If the allegation is against the designated person then the
information should be reported to another senior manager or directly to Social Services
department for Children’s Services. (This would generally be referred to the authority in which the
alleged incident took place).
• The alleged perpetrator should not be made aware of the allegation at this point.

Recording
 In all situations the details of allegation or reported incident must be recorded. Make accurate
notes of time, dates, incident or disclosure, people involved, what was said and done and by
whom, action taken to investigate, further action taken e.g. suspension of individual and if
relevant: reasons why the matter was not referred to a statutory agency, name of person
reporting and to whom it was reported

The record must be stored securely and shared only with those who need to know.

• DO NOT worry that you might be mistaken; you have a responsibility to pass on your
concerns following a disclosure. Never think abuse is impossible, or that an accusation
about a person you know well and trust is bound to be wrong.

(link to Index)
 IT IS YOUR DUTY TO REFER CONCERNS ON, NOT TO INVESTIGATE

The Designated Individuals/Managers for child protection and safeguarding

Name ________________________________________________________

Position in company ___________________________________________

Contact details ________________________________________________

________________________________________________
________________________________________________
________________________________________________

The Designated Individuals/Managers for child protection and safeguarding

Name ________________________________________________________

Position in company ___________________________________________

Contact details ________________________________________________

________________________________________________
________________________________________________

________________________________________________
 CHILDREN IN ENTERTAINMENT – THE CHILDREN (PERFORMANCES
AND ACTIVITIES) (ENGLAND) REGULATIONS 2014
Schedule 3 (Regulation 11) – Daily Record Sheet

Child’s Full Name Child’s date of birth

Parent contact details Child’s Agent
Child’s Licensing Local Authority for
Authority location of work
Chaperone Name & Tutor name and
Licensing Authority Licensing Authority
Name of Production Child’s Licence YES / NO
seen/retained
Production Company Licence Holder
Name & Tel. No. Name/ Tel. No.
Date of Performance Place of Performance

07:00 08:00 09:00 10:00

00 to 15 to 30 to 45 to 00 to 15 to 30 to 45 to 00 to 15 to 30 to 45 to 00 to 15 to 30 to 45 to
15 30 45 00 15 30 45 00 15 30 45 00 15 30 45 00

11:00 12:00 13:00 14:00

00 to 15 to 30 to 45 to 00 to 15 to 30 to 45 to 00 to 15 to 30 to 45 to 00 to 15 to 30 to 45 to
15 30 45 00 15 30 45 00 15 30 45 00 15 30 45 00

15:00 16:00 17:00 18:00

00 to 15 to 30 to 45 to 00 to 15 to 30 to 45 to 00 to 15 to 30 to 45 to 00 to 15 to 30 to 45 to
15 30 45 00 15 30 45 00 15 30 45 00 15 30 45 00

19:00 20:00 21:00 22:00

00 to 15 to 30 to 45 to 00 to 15 to 30 to 45 to 00 to 15 to 30 to 45 to 00 to 15 to 30 to 45 to
15 30 45 00 15 30 45 00 15 30 45 00 15 30 45 00

23:00 00:00 01:00 02:00

00 to 15 to 30 to 45 to 00 to 15 to 30 to 45 to 00 to 15 to 30 to 45 to 00 to 15 to 30 to 45 to
15 30 45 00 15 30 45 00 15 30 45 00 15 30 45 00

A = Arrival at venue D = departure from venue H = Deliver to home

M = Meal breaks O = Other (makeup/costume) N = authorised Night work
P = Performance on set/stage (inc. rehearsal/line up) PU = Pick up to escort to venue
R = Rest break S = Stand by T = Tutor time
W = Wrap up
To be completed by the Licence Holder:
Licence held at place of performance: YES / NO
Completed time sheet by Chaperone above: YES / NO
Sums to be earned by the child in respect of this licence ……………………………………………..
Arrangements made for payment of these sums: …………………………………………….

Chaperone’s Signature: ___________________________________

Licence Holder’s Signature: ___________________________________

Date: ___________________________________
 TUTOR SUITABILITY CHECKS

Name of licence applicant:

Address:
Address:
Postcode:

Re: Application for performance licence for –

Name of child:
Date of Birth:
Name of Production:

In accordance with Regulation 13(3)(c) of the Children (Performances and Activities) (England)
Regulations 2014, I confirm that I have carried out the checks stated below and am satisfied that the
tutor named below is a suitable person to teach the above named child.

Up to date CV inspected: Yes/No (delete as applicable)

2 x references received: Yes/No (delete as applicable)

Enhanced DBS disclosure (child workforce) Yes/No (delete as applicable)

inspected:

Signature of licence applicant: _________________________________________

Print name: _________________________________________
Date: _________________________________________

(link to Index)
 Children & Young Persons Act 1933/1963
Children (Performances and Activities) (England)
Regulations 2014
Venue Inspection Report under Regulation 17

Venue Inspection checklist

Venue:

Person responsible for venue:

CEEO Personnel who carried out

inspection:

Date of last inspection:

Person facilitating venue

inspection

1. Washing & toilet facilities

2. Dressing Room facilities

3. Any backstage area to which

the public have access

4. Rest areas

5. Potential Hazard areas

6. Fire Exits

7. First Aid facilities

 8. Additional information
General comments

9. Recommendations

10. Date of Next Inspection

CEEO Personnel:

Signed:

Date:

(link to Index)
 APPLICATION FOR A BODY OF PERSONS EXEMPTION
Taking place within the Council Boundary

Children and Young Persons Act S.37(3)(b)

Section 1 – Organisation Details

Name of Organisation

Registered Address of
organisation
inc. postcode

Tel. No(s)

Email address

Name of Applicant*

Position in Organisation

Address if different
Inc. postcode

Tel. No(s)

Email address

*N.B The applicant must have the authority to agree, on behalf of the organisation, to any terms and conditions set out by the
local authority.

Section 2 - Details of performance

If your application is for a 2 year term and you have not arranged any performances, please continue to section 3

Performance Title

Address of Venue

inc. postcode

Date(s) of performance(s)

Time(s) of performance(s)

Description of the performance

in respect of which the
approval is requested.

Please provide as full a

description as you can about
what the children will actually
be required to do.
Section 3 – Safeguarding arrangements

Name of Person responsible

for Child Protection and
Safeguarding
Position in Organisation
Address
Inc. postcode

Tel. No(s)
Email address

How do you ensure your child

protection policy is followed
throughout your organisation?
What safeguarding training do
you provide to those in your
organisation who come in to
contact with children?
What arrangements do you have in
place for the supervision of the
children at rehearsals and
performances?

Have BOPA applications been

made to other local authorities?
If yes, which authorities and dates
Has your organisation ever had a
BOPA refused?
If yes, which authorities

Declaration of compliance with The Children (Performances and Activities) (England) Regulations 2014

1. I confirm that no payment in respect of taking part in the performance(s), other than for offsetting
expenses, will be made to any young persons or to anyone on their behalf such as a parent/carer.
2. I confirm that the child protection policy for the organisation is attached.
3. I confirm that all the young people’s parents/carers have confirmed that they are fit and that their health
will not suffer by taking part in the performance(s).
4. I confirm that the Organisation agrees to the terms as set out in the “Contract of Agreement” and
“Guidance” attached.
5. I confirm that no child of compulsory school age requires any absence from school to take part in the
production.

Applicant Signature: ______________________________________ Date: _________________________

Print Name: ____________________________________

Please send completed application form and signed contract to:

 CONTRACT OF AGREEMENT

EXEMPTION FROM CHILDREN’S LICENSING

BODY OF PERSONS APPROVAL
S.37(3)(b) Children & Young Persons Act 1963

Name of Organisation

Address of Organisation

(inc. postcode)

Telephone No.

Email Address

Name and Address of

person responsible for the
production

Position in Organisation

The above organisation has applied to Council (the Local Authority) to be approved as a Body of Persons
under s.37 Children & Young Persons Act 1963. If approved, the organisation would be exempted from the need
to apply for individual licences for children to perform within the Lancashire County Council boundary.

If approved, the organisation agrees to adhere to the following conditions: -

1. No payment will be made to the child or anyone else, on behalf of the child, other than for defraying
expenses.
2. No child will be absent from school to take part in a performance given under the Body of Persons approval.
3. The organisation will provide the Local Authority (LA) with details of each performance/rehearsal including
the dates, times and location, together with the full name, date of birth and address of all children taking
part, at least 21 days in advance of the first performance unless the LA has agreed to a shorter notice period.
Any changes to the performance schedule must be advised to the LA in advance. The organisation will also
provide the name and contact details of the lead person responsible for each performance.
4. The organisation agrees to comply with Regulation 11 and Regulations 15 to 29 of The Children
(Performances and Activities) (England) Regulations 2014.
5. A risk assessment must be carried out in respect of each place of performance.
6. A first aider is present at each place of performance.The organisation will ensure that an appropriate number
of Local Authority approved chaperones (see Reg.15) are engaged to care for the children employed, having
specific regard to their sex and age, ensuring that each child is supervised at all times.
7. The organisation agrees to any authorised officer of the LA having unrestricted access whilst any dress or
technical rehearsal or performance is taking place at any venue that the organisation uses for such purposes.
8. The organisation will provide a written Child Protection Policy to the LA.
9. The organisation will obtain a signed statement of fitness from the parent of each child.
10. The organisation will ensure that a list of emergency contact details in respect of each child including any
medical issues or additional needs is available at the place of performance.
11. The organisation will ensure signing in and out sheets and daily record sheets are completed for each
performance.

CONTRACT OF AGREEMENT

Name of Organisation:

Failure to comply with any of the above agreements or conditions is likely to result in the LA revoking the Body
of Persons exemption with immediate effect.

Failure to comply with Children & Young Persons Act 1963 s.37 and The Children (Performances and Activities)
(England) Regulations 2014 is a criminal offence, which on conviction carries a maximum penalty of £1,000 or
three months imprisonment or both, for each offence.

In signing this declaration you agree to the terms and conditions above.

Signed ______________________________________________________

Print Name ____________________________________________________

Position in Organisation _________________________________________

Tel No. _______________________________________________________

Date _________________________________________________________

(link to Index)
 NAME OF LOCAL AUTHORITY

NOTIFICATION OF A PERFORMANCE UNDER BODY OF PERSONS APPROVAL

Name of Venue:

Name of Production:

Name of Group:

Dates and Time of Production:

Names of Authorised Date Present: Expiry date of Name of Authority Approving

Chaperones Present: Licence: Chaperone:

Number of Authorised Chaperones Present per Performance:

Date: Signature(Body Date: Signature

of Persons): (Producer)

Name (please Name (please

print): print):

Contact No: Contact No:

Address: Address:

Please return completed form to:

Name: Address:

(link to Index)
 CHILDREN PERFORMING IN (NAME OF PRODUCTION)

Name of Child Date of Birth Full Address of Child Including Post Code
 BOPA APPROVAL TO PERFORM

Phone:

Email:

Your ref:
Our ref:
Date:

Dear

PERFORMANCE UNDER BODY OF PERSONS APPROVAL

Thank you for the completed notification of performance and I would confirm that authority is given for the
young people to perform as stated below. Please ensure this letter and the list of young people is available
during the performance in the event of an inspection by the Local Authority. Please also ensure that all registered
chaperones have their licences when on duty.

I wish you every success with the performance.

Name of organisation:
Name of performance:
Date(s) of performance(s):
Time(s) of performance(s):
Venue(s):

Expiry date of Body of Persons' Approval:

Yours sincerely

Child Employment and Entertainment Officer

(link to Index)
 DIRECTORATE FOR CHILDREN & YOUNG PEOPLE

THE CHILDREN (PERFORMANCES & ACTIVITIES) (ENGLAND) REGULATIONS 2014

APPLICATION FOR APPROVAL AS A CHAPERONE

"The licensing authority must not approve a person as a chaperone unless it is satisfied that the person is
suitable and competent…"
Regulation 15(4), The Children (Performances and Activities) (England) Regulations 2014)

All information given in this application form will be treated in confidence, other than information relating to
criminal offences. Please complete this form in type or block capitals.

Name of Group(s) Associated with:

(eg Theatre Group, Drama Group, Operatic Group, Dance School etc)
*
Surname (Block Letters) Mr/Mrs/Miss/Ms/Other
First Names (Block Letters)
Date And Place Of Birth
Address (inc postal code)

Telephone No (inc STD code)

Mobile No
Email Address
How long have you lived at this
address?
If less than 5 years please list
previous address(es)

National Insurance Number

Present Employer

Address

Type of Work

*
Delete as appropriate
Professional Qualifications

Additional Information

(a) Have you ever been approved as a Chaperone/Matron? If so,

when and by which Authority?

(b) Are/were you a registered child minder or foster carer? If so,

when and with which Authority?

(c) Have you received first aid training? If so, provide copy of
certificate or details of training provider and dates for
verification purposes.

(d) Have you undertaken Child Protection training in the last three
years? If so, provide copy of certificate or details of provider and
dates, for verification purposes.

(e) If approved will you be acting as a Chaperone in a volunteer or

professional capacity?

The Authority is entitled, under arrangements introduced for the protection of children, to check with the Criminal Records
Bureau for the existence and content of any criminal record. Therefore, you will be required to complete a disclosure form to
enable an Enhanced check to be undertaken.

Please see Lancashire County Council Rehabilitation of Offenders Act 1974 Convictions and 'Spent' Convictions of a Criminal
Nature. Advisory Notes attached.

The work for which you are applying will entail regular contact with children and is exempt from the Rehabilitation of
Offenders Act 1974. Therefore, you are required to declare any convictions, cautions, bind-overs or prosecutions you may
have, even if they would otherwise be regarded as 'spent' under this Act.

Have you ever been convicted of any criminal offence? YES/NO (Delete as appropriate)

If YES, please specify the date of conviction, Court, nature of offence and sentence imposed.

You are also required to declare any cautions, bind-overs or prosecutions you may have, even if they would otherwise be
regarded as “spent” under the above Act. Please enter details below:

(link to Index)
Please give the name, address, email address, telephone number and relationship to you of two responsible persons who
would be prepared to provide a reference as to your suitability to be a chaperone. References should be from separate
sources and not from the same organisation or employer e.g. current or most recent employer, a person who has
knowledge of and can comment on your work with children, someone who knows you in a professional capacity.
References cannot be accepted from a spouse, partner or family relation or from someone with whom you live.

1.

2.

Give below details of any relevant experience of working with children in either a voluntary or professional capacity:

Council is committed to safeguarding and promoting the welfare of children and young people and expects all
staff and volunteers to share this commitment

If approved, do you agree to your details being put on a list of Local Authority approved Chaperones that
YES/NO*
may be given to amateur groups and dance schools?

DECLARATION TO BE SIGNED BY THE APPLICANT

1. I hereby declare that the above information is true, to the best of my knowledge. I understand that the Authority
will need to make further enquiries regarding any possible convictions I may have. I understand that the Authority
will make enquiries of partner agencies regarding my suitability to carry out the duties and responsibilities of a
Chaperone.

2. I also declare that I have read and understood the guidance document on the duties and responsibilities of
Chaperones. I am fit and able to undertake all the duties detailed within the guidance document. I am not
disqualified from work with children or subject to sanctions imposed by a regulatory or professional body eg
Ofsted.

3. I also declare that I will notify Council of any change of name or address or any change in circumstances
that may affect my ability to effectively carry out the duties and responsibilities of a Chaperone.

4. I also declare that I will have completed Safeguarding Children Board level 1 e-learning course for
Safeguarding and Protecting Children or equivalent prior to the processing of my application.

Signed:

Date:

Please bring this form together with 2 passport sized photographs, the required identification and address
documentation, proof of any first aid/child protection training and application fee when you attend the office for
interview.

(link to Index)
 CHAPERONE APPROVAL

(link to Index)
 APPENDIX 15 Dos and Don'ts for Chaperones

DO:

 check the child is comfortable – you are the person to whom the child looks to guidance ,
protection, clarification and protect
 stand up for the child above production pressures – one of a chaperone's greatest strengths is
their ability to negotiate with the production company 'on site' and be able to say no when what
is being requested of the child is contrary or detrimental to the child's health, well-being and/or
education
 be the child's champion
 report any concerns and know wo to report them to and know what to do in each case –
chaperones should keep a note of important contacts e.g. the child's licensing authority, the local
authority in whose area the child is performing, the child's agent and the child's parent/legal
guardian
 ask to see a copy of the licence
 exercise discretion (only when regulation allows) where that is in the best interests of the child
 be alert to all possible risks to the child
 challenge people and/or behaviours

DON'T:

 let the child perform if they are unwell

 leave the child alone with another adult (unless it's their parent or teacher)
 ignore or down play questionable behaviour from adults or other children
 allow the child to be pushed into things that they don’t want to do
 take photos of the child
 seek autographs from performers or become star struck
 use inappropriate language or smoke whilst on duty
 consume alcohol or be under the influence of alcohol whilst on duty
 wear inappropriate clothing

(link to Index)
 APPENDIX 16 CHECK LIST – ARRIVAL AT THE VENUE

The Chaperone may find it useful to photocopy this page to use at each job they
attend.

 Familiarise yourself with the venue’s layout

 Identify all hazard areas

 Locate all fire exits

 Ask to hear sound of fire alarm if possible

 Arrange fire drill (with alarm) for children

 Locate first aid facilities

 Inspect dressing rooms (separate for 5 years and over)

 Locate and inspect toilets

 Locate and inspect rest rooms

 Locate and inspect school room

 Check on meal arrangements

 Check total number of children

 Check total number of Chaperones

 Acquire list of children’s names

 Check each child’s Performance Licence

 Ensure you have emergency home contacts for each child

 Where relevant, ensure you have details of each child’s medical problems and/or
medication

 Ensure there is a signing in and out procedure

 Children and Young Person' Act, 1933 and 1963
Children (Performances and Activities) (England)
Regulations 2014

Broadcast Inspection Checklist

1) Name of production:

2) Producer:

3) Date & time of visit:

4) Place visited:
unit base/location(s)
5) Name of visiting officer(s):

6) Chaperone:
a) Who is present (& authority)?

b) How many children is each

caring for?
c) Is the supervision satisfactory?
d) Are the chaperone(s) &
child(ren) aware of the fire drill
& exits?
e) What arrangements are there
for 1st aid & medical
assistance?
f) Have there been any illnesses
or injuries? If so, how was this
dealt with?
g) Do the records show what
happened?
h) Have there been any other
problems? If so, how was this
dealt with?
i) Does the chaperone(s) have a
contact point for (all) parents?
7) Travel arrangements:
a) What arrangements are made
for child(ren) getting to and from
the location/unit base etc? Are
they satisfactory?
b) What arrangements are made
for child(ren) getting between
unit base and location(s)? Are
they satisfactory?
c) If overnight accommodation is
provided
What arrangements are made
for child(ren) getting between
unit base and overnight
accommodation? Are they
satisfactory?
8) Records:
a) What is the signing in/out
procedures? Are they
satisfactory?
b) Is there an appropriate
licence/exemption for each child
present? (If not, give details
overleaf, including full name,
date of birth and address)
c) Inspect and initial daily record
sheets.
d) Are they satisfactorily
completed? If not, what
changes, should be made?
e) Who is responsible for
completing them?
9) Accommodation:
a) Do all children have separate
dressing rooms from adults?
b) Do girls and boys over 5 years
have separate dressing rooms
for each sex?
c) Are dressing rooms clean,
adequately ventilated and
generally satisfactory?
d) Are there separate toilets for the
child(ren)? Are they
satisfactory?
e) Are washing/showering facilities
for child(ren) clean, separate
from adults, sufficient in number
and satisfactory?
f) Do the child(ren) use other
accommodation e.g. rest rooms?
Are they satisfactory?
g) When not actually working, are
the child(ren) suitably and
adequately occupied?
10) Filming/Broadcast:
a) Has the chaperone(s) allowed
extra work time? If so, give
details, was the licensing and
host authorities informed?
b) On location
Are child(ren) protected from
inclement weather?
c) On location
Have the child(ren) proper
clothing?

(link to Index)
11) Tuition(if applicable):
a) Tutors name?
b) Is the teaching
accommodation satisfactory?
c) Inspect and initial tuition
records?
d) Does the teaching seem
adequate?
e) Has the tutor any problems?
If so, how should this be
overcome?
12) Children:
(ensure that each child is seen)
a) Do they seem fit, happy or
overworked?
b) Does the relationship with
chaperone (and teacher)
seem satisfactory?
c) Does the care/supervision of
child(ren) seem satisfactory?
13) Complaints:
a) Does the visiting officer have
any complaints following the
inspection?
b) What instruction have they
issued as a result and to
whom?
14) General remarks (if any):
Including any issues from previous
visit

15) Children:
Name and issuing authority

(link to Index)
 Children and Young Person's Act, 1933 and 1963
Children (Performances and Activities) (England) Regulations 2014

Non-broadcast Inspection Checklist

16) Name of production:

17) Producer:

18) Date & time of visit:

19) Place visited:

20) Name of visiting officer(s):

21) Chaperones:
j) Who is present (& authority)?

k) How many children is each

caring for?
l) Is the supervision
satisfactory?
m) Are the chaperone(s) &
child(ren) aware of the fire drill
& exits?
n) What arrangements are there
for 1st aid & medical
assistance?
o) Have there been any illnesses
or injuries? If so, how was this
dealt with?
p) Do the records show what
happened?
q) Have there been any other
problems? If so, how was this
dealt with?
r) Does the chaperone(s) have a
contact point for (all) parents?
22) Travel arrangements:
d) What arrangements are made
for child(ren) getting to and
from the theatre, etc? Are they
satisfactory?
e) If overnight accommodation is
provided
What arrangements are made
for child(ren) getting between
theatre and overnight
accommodation? Are they
satisfactory?
23) Records:
f) What is the signing in/out
procedures? Are they
satisfactory?
g) Is there an appropriate
licence/exemption for each
child present? (If not, give
details overleaf, including full
name, date of birth and
address)
h) Inspect and initial daily record
sheets.
i) Are they satisfactorily
completed? If not, what
changes, should be made?
j) Who is responsible for
completing them?
24) Accommodation:
h) Do all children have separate
dressing rooms from adults?
i) Do girls and boys over 5 years
have separate dressing rooms
for each sex?
j) Are dressing rooms clean,
adequately ventilated and
generally satisfactory?
k) Are there separate toilets for
the child(ren)? Are they
satisfactory?
l) Are washing/showering
facilities for child(ren) clean,
separate from adults, sufficient
in number and satisfactory?
m) Do the child(ren) use other
accommodation e.g. rest
rooms? Are they satisfactory?
n) When not actually working, are
the child(ren) suitably and
adequately occupied?
25) Tuition(if applicable):
f) Tutors name?
g) Is the teaching
accommodation satisfactory?
h) Inspect and initial tuition
records?
i) Does the teaching seem
adequate?
j) Has the tutor any problems?
If so, how should this be
overcome?
26) Children:
(ensure that each child is seen)
d) Do they seem fit, happy or
overworked?
e) Does the relationship with
chaperone (and teacher)
seem satisfactory?
f) Does the care/supervision of
child(ren) seem satisfactory?
27) Complaints:
c) Does the visiting officer have
any complaints following the
inspection?
d) What instruction have they
issued as a result and to
whom?
28) General remarks (if any):
Including any issues from previous
visit

29) Children:
Name and issuing authority

(link to Index)
 SCHOOL LETTER RE ABSENCE

Phone:
Mob:
Email:

Your ref:
Our ref:
Date:

Dear Head teacher

Children and Young Persons Act 1963 s37

The Children (Performances and Activities) (England) Regulations 2014

The local authority has received an application for licence for , a pupil at your school to take part in filming
as for .

The applicant is asking that has time off school for filming on the following day/s

If we are satisfied that is fit to perform, that proper provision has been made to secure kind
treatment and that education will not suffer then the local authority is duty bound to issue the licence.

Please confirm that you agree to being absent from school on the above dates for the purposes of filming.

If in your opinion 's education would suffer by taking part in this filming please state the reasons why with
particular reference to levels of attainment and attendance.

I look forward to receiving your response by . If a response is not received by this date a licence will be
issued on the assumption that there are no educational concerns. Please do not hesitate to contact me should
you wish to discuss this in more detail.

Yours sincerely

Child Employment and Entertainment Officer

(link to Index)